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COATES v. MURPHY

270 A.2d 527 (1970)

Margaret COATES, Widow of Earl H. Coates, deceased, and Administratrix of the Estate of Earl H. Coates, deceased, Plaintiff Below, Appellant, v. Timothy S. MURPHY and Litton Business Systems, Inc., a New York corporation, Defendants Below, Appellees.

Supreme Court of Delaware.

October 14, 1970.

Attorney(s) appearing for the Case

Arthur Inden, Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiff below, appellant.

F. Alton Tybout and Richard W. Pell, Tybout & Redfearn, Wilmington, for Litton Business Systems, Inc., defendant below, appellee.

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

CAREY, Justice.

The appellant, Margaret Coates, as widow and administratrix of Earl H. Coates, deceased, has appealed from a summary judgment of the Superior Court in favor of Litton Business Systems, Inc. (Litton). Mr. Coates was killed through the alleged negligence of Timothy S. Murphy, an employee of Litton, who was operating an automobile owned by himself. The Court below held, as a matter of law, that Murphy was not acting within the scope of his employment...

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