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DICKINSON v. EASTERN R. R. BUILDERS, INC.

403 A.2d 717 (1979)

Benjamin S. DICKINSON and Bettye J. Dickinson, his wife, and Liberty Mutual Insurance Company, Plaintiffs, Appellants, v. EASTERN RAILROAD BUILDERS, INC., Defendant, Appellee.

Supreme Court of Delaware.

Decided May 24, 1979.

Attorney(s) appearing for the Case

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

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

Before DUFFY, McNEILLY and QUILLEN, JJ.

DUFFY, Justice:

Under the Delaware Workmen's Compensation Act, an employee injured in an industrial accident has a right to compensation benefits from his employer, but is barred from suing the employer for damages resulting from the accident. 19 Del.C. § 2304. The critical question in this appeal is whether there was an employer-employee relationship between the principal parties. The Superior Court determined...

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