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BRITTINGHAM v. AMERICAN DREDGING COMPANY

262 A.2d 255 (1970)

Catherine BRITTINGHAM, Executrix of the Estate of John William Brittingham, t/a Brittingham Construction Company, a partnership, Plaintiff Below, Appellant, v. AMERICAN DREDGING COMPANY, a corporation of the Commonwealth of Pennsylvania, Defendant Below, Appellee.

Supreme Court of Delaware.

January 16, 1970.

Attorney(s) appearing for the Case

Victor F. Battaglia, Wilmington, for appellant.

Robert G. Carey of Prickett, Ward, Burt & Sanders, Wilmington, for appellee.

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

WOLCOTT, Chief Justice.

This is an appeal from a judgment entered for the defendant after trial by the court without a jury. Defendant, American Dredging Company, contracted to dredge a channel and turning basin at Lewes for the Cape May-Lewes Ferry. The operation consisted of dredging and pumping water, sand and mud into a spoil area. The spoil area required a bulldozer operating within it to keep pushing material up against...

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