DICKINSON v. EASTERN R. R. BUILDERS


378 A.2d 650 (1977)

Benjamin S. DICKINSON and Bettye J. Dickinson, Plaintiffs, v. EASTERN RAILROAD BUILDERS, a Delaware Corporation, Defendant.

Superior Court of Delaware, New Castle.

Decided September 16, 1977.


Attorney(s) appearing for the Case

William J. Alsentzer, Jr., of Bayard, Brill & Handelman, Wilmington, for plaintiffs.

William F. Taylor, and Richard H. Morse, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant.


TAYLOR, Judge.

Plaintiff Benjamin Dickinson [plaintiff] was injured while operating a front end loader. He was on the payroll of Brandywine Construction Co., Inc., [Brandywine] which was a sub-contractor to do grading and excavation work for defendant Eastern Railroad Builders [defendant]. Defendant in turn was under contract for the laying of railroad track. Defendant and Brandywine had entered into an arrangement whereby...

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