Maher v. Voss

Carey, Judge:

Two questions are presented: (1) was Mrs. Maher’s status that of an invitee or licensee; (2) does the complaint show any actionable negligence? The present motion may, of course, be granted only if it appears to a certainty that the plaintiffs would not be entitled to relief under any state of facts which could be proved in support of the claim. Berghane v. Radio Corporation of America, (D. C.) 4 F. R. D. 446; 2 Moore’s Fed. Practice (2d. ed.) 2245.

No Delaware case has been brought to my attention wherein our Court has undertaken to define, in general terms, the distinction…