Attorney(s) appearing for the Case
Morton R. Kimmel, Wilmington, for plaintiff.
Ruth M. Ferrell, Wilmington, for the State.
Robert K. Payson, Wilmington, for Penn Central Transportation Co.
Henry A. Wise, Wilmington, for Keith Jenkins.
Superior Court of Delaware, New Castle.
The issue before the Court is the motion by the State to dismiss the complaint and cross-claim against it. The State has raised the defense of sovereign immunity to suit. It is agreed that sovereign immunity to suit is a constitutional defense unless waived. Article 1, § 9, Constitution of Delaware.
The facts which give rise to the case are that on April 28, 1970, plaintiff's husband, a conductor for the railroad, was shot and killed,...
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