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CAINE v. NEW CASTLE COUNTY

379 A.2d 1112 (1977)

James E. CAINE, Administrator of the Estate of Robert Caine, Deceased, Plaintiff below, Appellant, v. NEW CASTLE COUNTY, George & Lynch, Inc., James L. Taylor, t/a Security Fence Co., and MCA Engineering Corporation, Defendants below, Appellees.

Supreme Court of Delaware.

Decided October 7, 1977.

On Motion for Reargument Submitted October 12, 1977.

Decided October 28, 1977.

Attorney(s) appearing for the Case

E. Leigh Hunt, of Abramo, Hunt & Abramo, Wilmington, for plaintiff-appellant.

Roger Sanders, of Prickett, Ward, Burt & Sanders, Wilmington, for New Castle County.

Richard W. Pell, of Tybout & Redfearn, Wilmington, for George & Lynch, Inc.

Charles K. Keil, of Bayard, Brill & Handelman, Wilmington, for James L. Taylor, t/a Security Fence Co.

Vincent A. Theisen and Michael J. Goodrick, of Theisen, Lank & Mulford, Wilmington, for MCA Engineering Corp.

Before DUFFY, Justice, MARVEL, Chancellor, and BROWN, Vice Chancellor.

DUFFY, Justice:

This is an appeal in a wrongful death and survival action against New Castle County (County), George & Lynch, Inc., James L. Taylor, Trading as Security Fence Co. (Taylor), Donald R. Knox, Inc. (Knox),1 and MCA Engineering Corporation (MCA) for having negligently caused the death of an eleven-year-old boy. Relying largely upon a finding that the premises on which decedent...

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