WILLIAMS v. WILLIAMS


369 A.2d 669 (1976)

Walter C. WILLIAMS, Sr., et al., Appellant, Plaintiffs below. v. Bertha L. WILLIAMS, Appellee, Defendant below.

Supreme Court of Delaware.

Decided December 29, 1976.


Attorney(s) appearing for the Case

Julian D. Winslow of Winslow & Winslow, Wilmington, for plaintiff, appellant.

Wayne N. Elliott, of Prickett, Ward, Burt & Sanders, Wilmington, for defendant, appellee.

Before HERRMANN, C. J., DUFFY and McNEILLY, JJ.


HERRMANN, Chief Justice:

In this automobile negligence case, the issue for decision is whether an unemancipated child may recover in an action against a parent for injuries caused by the parent's negligent operation of the automobile. The question of parental immunity in tort raised here has not been heretofore decided by this Court.

The automobile was being operated by the mother; the three children and the father were passengers. The accident occurred in...

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