DADDS v. PENNSYLVANIA RAILROAD COMPANY


251 A.2d 559 (1969)

Fay L. DADDS and Betty C. Dadds, Defendants Below, Appellants, v. PENNSYLVANIA RAILROAD COMPANY, a Pennsylvania corporation, Plaintiff Below, Appellee.

Supreme Court of Delaware.

February 24, 1969.


Attorney(s) appearing for the Case

B. Wilson Redfearn, of Tybout & Redfearn, Wilmington, for defendants below, appellants.

Richard E. Poole, of Potter, Anderson & Corroon, Wilmington, for plaintiff below, appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.


HERRMANN, Justice:

This is an action by the Pennsylvania Railroad Company against Fay L. Dadds for negligence in operating her automobile onto its tracks in the path of a train, resulting in damage to the train.

The determinative issue is whether the Superior Court was correct in granting summary judgment to the Railroad Company on the ground that Miss Dadds was guilty of negligence as a matter of law. We think not...

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