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CONNOR v. LYNESS

284 A.2d 473 (1971)

Jay H. CONNOR, Administrator of the Estate of Enoch C. Crisden and Peoples Settlement Association of Wilmington, Delaware, a Delaware corporation, Defendants Below, Appellants, v. Ralph E. LYNESS and Elsie B. Lyness, his wife, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

November 8, 1971.

Attorney(s) appearing for the Case

Roger Sanders, of Prickett, Ward, Burt & Sanders, Wilmington, for defendants below, appellants.

H. James Conaway, Jr., and Sheldon A. Weinstein, of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiffs below, appellees.

Before WOLCOTT, Chief Justice, and CAREY and HERRMANN, Justices.

HERRMANN, Justice:

The determinative question on this appeal is whether 10 Del.C. § 4302, the so-called Dead Man Statute,1 is applicable in an automobile negligence case in which the plaintiff is the surviving driver of the two-vehicle accident and the other driver was deceased when the action was commenced against his executor. The question may be otherwise stated: is an automobile accident...

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