Legal Opinion

Miller v. Ellis

Superior Court of Delaware

Decided April 6, 1956No. 488PublishedCited by 13 opinions

1Opinion of the Court

Layton, J.:

On June 6, 1954, the plaintiff was employed by Petrillo Brothers, Inc., at their sand lot as a laborer. He was working in a stone hopper when he was injured by a truck, owned and operated by the defendant, which rolled backwards into the hopper crushing him against its side.

Plaintiff elected to receive compensation pursuant to 19 Del. C. § 2344. At that time, and until June 23, 1955, 19 Del. C. § 2363(b) permitted an employer (or his insurance carrier) 1 who had paid Workmen’s Compensation to an injured employee, to become subrogated to his rights. Such an employer could sue a…

2Cases cited9 opinions

  1. Rookledge v. GarwoodMichigan Supreme Court · 1954
  2. Monacelli v. GrimesSupreme Court of Delaware · 1953
  3. Lutz v. BoltzSuperior Court of Delaware · 1953
  4. Hazzard v. AlexanderSuperior Court of Delaware · 1934
  5. Distefano v. LambornSuperior Court of Delaware · 1951

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Diamond State Telephone Co. v. University of DelawareSupreme Court of Delaware · 1970
  2. Duphily v. Delaware Electric Cooperative, Inc.Supreme Court of Delaware · 1995
  3. Spence v. Cherian v. SpenceSuperior Court of Delaware · 2016
  4. Powell v. Interstate Vendaway, Inc.Superior Court of Delaware · 1972
  5. Ianire v. University of DelawareSuperior Court of Delaware · 1969

8 more not listed; retrieve them via the Exa API.

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