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BIBY v. SMITH

272 A.2d 116 (1970)

Joseph BIBY and Jean Biby, his wife, Plaintiffs, v. Donald SMITH, Trading as Don's Mobil Service and Mobil Oil Corporation, a corporation, Defendants.

Superior Court of Delaware, New Castle.

November 9, 1970.

Attorney(s) appearing for the Case

Frank J. Gentile, Wilmington, for plaintiffs.

Richard I. G. Jones, Wilmington, for Donald Smith.

Michael D. Goldman, Wilmington, for Mobil Oil Corp.

QUILLEN, Judge.

On March 10, 1968, Mrs. Jean Biby was injured at a Mobil Oil Service Station. Mobil Oil Corporation owns the premises and has a lease with Donald Smith who is the station operator. A praecipe and complaint were filed on January 13, 1970, charging Smith and Mobil Oil with negligence. The praecipe stated "To Sheriff — Please serve Donald Smith at 234 S. DuPont Highway. Will advise later as to service on corporation." Smith was served on January...

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