Legal Opinion

Biby v. Smith

Superior Court of Delaware

Decided November 9, 1970PublishedCited by 6 opinions

1Opinion of the Court

QUILLEN, Judge.

On March 10, 1968, Mrs. Jean Biby was injured at a Mobil Oil Service Station. Mobil Oil Corporation owns the premises and has a lease with Donald Smith who is the station operator. A praecipe and complaint were filed on January 13, 1970, charging Smith and Mobil Oil with negligence. The praecipe stated “To Sheriff— Please serve Donald Smith at 234 S. DuPont Highway. Will advise later as to service on corporation.” Smith was served on January 15, 1970, but the writ to Mobil was returned “non est inventus” on February 2, 1970. On March 23, 1970, plaintiff supplied the corporate…

2Cases cited10 opinions

  1. Bokat v. Getty Oil CompanySupreme Court of Delaware · 1970
  2. Philadelphia, Baltimore & Washington Railroad v. GattaSupreme Court of Delaware · 1913
  3. Casey v. Southern Corp.Supreme Court of Delaware · 1942
  4. Connecticut Mutual Life Insurance v. Merritt-Chapman & Scott Corp.Court of Chancery of Delaware · 1932
  5. Hukill v. Pacific and Arctic Railway & Navigation Co.District Court, D. Alaska · 1958

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3Cited by6 opinions

  1. Quin Blair Enterprises, Inc. v. Julien Construction Co.Wyoming Supreme Court · 1979
  2. Leavy v. SaundersSuperior Court of Delaware · 1974
  3. Viars v. SurbaughSuperior Court of Delaware · 1975
  4. Vassallo v. Penn Rose Civic Ass'nSupreme Court of Delaware · 1981
  5. Lutz v. AL Garber Company, Inc.Court of Chancery of Delaware · 1974

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

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