RICH v. DOLAN


294 A.2d 835 (1972)

Alfred J. RICH, by his next friend, John A. Rich, Plaintiff-Below, Appellant, v. Michael DOLAN, Defendant-Below, Appellee.

Supreme Court of Delaware.

July 13, 1972.


Attorney(s) appearing for the Case

Oliver V. Suddard, Wilmington, for plaintiff below, appellant.

Michael F. Tucker, of Becker & Kipp, Wilmington, for defendant below, appellee.

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


PER CURIAM:

Appellant Rich, plaintiff below, was a passenger in an automobile driven by appellee Dolan, defendant below, in the early morning hours, of August 17, 1969. The car failed to negotiate a curve, ran off the road and hit a pole. Appellant was injured when his face went through the windshield. For purposes of this appeal, it is agreed that appellee was driving slightly more than 35 m. p. h. in a 25 m. p. h. zone on an unfamiliar road.

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