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CITY OF WILMINGTON v. SPENCER

391 A.2d 199 (1978)

The CITY OF WILMINGTON, a Municipal Corporation of the State of Delaware, Defendant below, Appellant, v. Lizzie SPENCER, Individually and as next friend for Aurelia Spencer and Jacqueline Bennefield, minors, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided July 25, 1978.

Attorney(s) appearing for the Case

Joseph H. Flanzer and Richard Galperin, of Flanzer & Isaacs, Wilmington, for defendant below, appellant.

Louis B. Ferrara, of Aerenson & Balick, Wilmington, for plaintiff below, appellee.

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

DUFFY, Justice:

The significant issue in this appeal is whether a municipality is immune from liability for a negligent act of its agent.

I

For present purposes, the facts are these:

Twelve-year-old Jacqueline Bennefield, her six-year-old sister, Aurelia, and eight other children were crossing Fourth Street in Wilmington, at its intersection with Poplar Street. They were going to school. The intersection...

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