Ernest A. DiSabatino & Ernest DiSabatino & Sons, Inc. v. Ellis

Duffy, J.:

This action arises out of a collision of two cars at Fourth Street and Bancroft Parkway in Wilmington. After discovery by both parties, defendants moved for summary judgment, which was denied. Del. Super., 178 A. 2d 471. The case is here on appeal from that decision. The facts are these:

On November 12, 1959, about 3 P.M., Louise A. Ellis, one of the plaintiffs, was driving her car north on Bancroft Parkway. The weather was clear, the sun was shining. Bancroft Parkway has north and southbound lanes separated by a grass plot. A stop sign controls northbound traffic on Bancroft Parkway…