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MALIN v. CONSOLIDATED RAIL CORP.

438 A.2d 1221 (1981)

Alan R. MALIN, Plaintiff Below, Appellant, v. CONSOLIDATED RAIL CORPORATION, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided November 4, 1981.

Attorney(s) appearing for the Case

Michael Weiss (argued), of Kimmel & Spiller, P. A., Wilmington, for plaintiff-appellant.

Somers S. Price, Jr. (argued) and John E. James, of Potter Anderson & Corroon, Wilmington, for defendant-appellee.

Before McNEILLY, QUILLEN and HORSEY, JJ.

QUILLEN, Justice:

On February 8, 1977, plaintiff, Alan R. Malin, was a sanitation worker for the City of Wilmington. Plaintiff was injured when a train engine owned by defendant, Consolidated Rail Corporation (Conrail), struck the City garbage truck in which the plaintiff was riding. The truck had just disposed of its refuse at the New Castle County landfill and had departed, traveling west on Lambson's Lane, which is the only road that provides an ingress and egress...

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