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BEGGS v. WILSON

272 A.2d 713 (1970)

Harry T. BEGGS, Jr. and Dorothy A. Beggs, individually, and Lawrence G. Beggs, minor, by his next friend, Dorothy A. Beggs, Plaintiffs Below, Appellants, v. Ellsworth WILSON, Defendant Below, Appellee.

Supreme Court of Delaware.

December 15, 1970.

Attorney(s) appearing for the Case

Ben T. Castle and Sheldon A. Weinstein, of Young, Conaway, Stargatt & Taylor, Wilmington, for appellants.

Rodman Ward, Jr., 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 verdict for defendant in Superior Court.

Plaintiff, a 4½-year-old minor, entered the street in front of his home and was struck by an automobile driven by defendant. The defense was twofold; that plaintiff's contributory negligence barred recovery and that the accident was unavoidable.

Defendant contends, in arguing for an affirmance, that plaintiff was contributorily negligent in that he failed...

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