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CROSS v. HAIR

258 A.2d 277 (1969)

Sherwood T. CROSS, individually and as the Administrator of the Estate of Catherine L. Cross, Plaintiff, v. Merl HAIR, Eunice Lowe, and Marjorie Coale, Defendants.

Supreme Court of Delaware.

October 1, 1969.

Attorney(s) appearing for the Case

Arthur J. Sullivan and Jay P. James of Morris, James, Hitchens & Williams, Wilmington, for Eunice Lowe, defendant below, appellant.

E. N. Carpenter, II, and R. H. Richards, III, of Richards, Layton & Finger, Wilmington, for Marjorie Coale, defendant below, appellee.

WOLCOTT, Chief Justice, and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice.

This is an appeal from the denial of summary judgment in an automobile negligence case. Non-agency was the issue tendered. In denying summary judgment, the Superior Court stated:

"The record reveals disputes as to material questions of fact. For example, the affidavits submitted are in conflict over the question of what control the defendant Lowe had over the driving activities of the defendant...

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