Eck v. Birthright of Delaware, Inc.

Plaintiffs, Emma and Edward Eck, brought two actions in Superior Court alleging that Emma was injured when she tripped and fell over a defect in the public sidewalk abutting the defendants' properties at 1311 and 1313 N. Scott Street, Wilmington, Delaware. Defendants argued in their motions for summary judgment that they were not liable for injuries resulting from their failure to repair a defect in the sidewalk which they did not cause. Superi- or Court granted defendants’ motion for summary judgment.

On appeal, plaintiffs initially argued that 18 DelLaws, c. 663 (1889) obligated the…