Whalen v. Zolper

Stiftel, J.:

Motion by defendants for summary judgment pursuant to Superior Court Rule 56, Del. C. Ann.

This action is based on personal injury arising out of an accident which occurred on March 19, 1957. The defendants owned a three-story apartment building, with an apartment on each floor, at 1409 Harrison Street, in the City of Wilmington. The plaintiff, Theresa Whalen, lived in the third floor apartment with the other plaintiff, her husband, together with their two children. A railing that ran the width of a porch separated the property of the defendants from the property next door, at 1411…