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McNUTT v. DELAWARE RACING ASSOCIATION

294 A.2d 838 (1972)

James T. McNUTT and Elsie S. McNutt, Plaintiffs Below, Appellants, v. DELAWARE RACING ASSOCIATION, a Delaware corporation, Defendant Below, Appellee.

Supreme Court of Delaware.

May 16, 1972.

Attorney(s) appearing for the Case

Jay H. Conner, of Conner & Daley, Wilmington, for plaintiffs below, appellants.

Stephen P. Casarino, of Tybout, Redfearn & Schnee, Wilmington, for defendant below, appellee.

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

PER CURIAM:

This is an appeal from summary judgment for the defendant in an action for damages sustained by the plaintiff as a result of a fall on the defendant's premises. The fall occurred in 1966; the action was brought in 1970. The limitations period was two years. 10 Del.C. § 8118.

We agree with the Superior Court's conclusion that this action is barred by the Statute of Limitations.

The plaintiff...

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