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BENNETT v. ANDREE

264 A.2d 353 (1970)

Phyllis E. BENNETT, Widow of John N. Bennett, III, deceased, Plaintiff, v. William C. ANDREE and Libby McNeill and Libby, Defendants.

Superior Court of Delaware, New Castle.

March 12, 1970.

Attorney(s) appearing for the Case

Bruce M. Stargatt and Ben T. Castle, of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiff.

Roger Sanders and Robert G. Carey, of Prickett, Ward, Burt & Sanders, Wilmington, for defendants.

STIFTEL, President Judge.

This is an action for wrongful death under 10 Del.C. § 3704, brought by the widow of John N. Bennett, III, who was killed in a motor vehicle accident in Delaware on September 2, 1965. The case was first tried in the Superior Court in February, 1968, and the jury returned a verdict for plaintiff in the amount of $21,800. The jury had been instructed, over plaintiff's objection, not to take into consideration the minor children in awarding...

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