1. Home
  2. Browse Decisions
  3. A.2d
  4. 274 A.2d
  5. 274 A.2d 702 (1971)
 

RAUGHLEY v. DEPARTMENT OF HEALTH & SOCIAL SERV.

274 A.2d 702 (1971)

Lucy RAUGHLEY, Plaintiff, v. DEPARTMENT OF HEALTH AND SOCIAL SERVICES, an agency of the State of Delaware, Defendant. PENN CENTRAL TRANSPORTATION COMPANY, Defendant and Third-Party Plaintiff, v. Keith JENKINS, Third-Party Defendant.

Superior Court of Delaware, New Castle.

February 1, 1971.

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.

QUILLEN, Judge.

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,...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED
OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases