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ABELE v. MASSI

273 A.2d 260 (1970)

George ABELE, Defendant Below, Appellant, v. Octavio MASSI, Widower of Erminia Massi, deceased, and Octavio Massi, Administrator of the Estate of Erminia Massi, deceased, Plaintiff Below, Appellee.

Supreme Court of Delaware.

December 29, 1970.

Attorney(s) appearing for the Case

James F. Kipp of Becker, Kipp & Reardon, Wilmington, for appellant.

John A. Faraone, Wilmington, for appellee.

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

WOLCOTT, Chief Justice:

This is an appeal in an action brought by a husband for the wrongful death of his wife in which the jury returned a verdict of $35,000. Three questions are presented:

A. That plaintiff's evidence as to decedent's last earnings was insufficient; B. That error was committed by not instructing the jury that any award by the jury was not subject to federal or state income tax; C. That error was committed by permitting...

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