Schreppler v. Mayor & Council of Town of Middletown

Stiftel, J.:

Juba C. Schreppler was injured when she tripped and fell on a sidewalk in the town of Middletown, Delaware, one afternoon in October, 1957. She explains that the fall was due to sidewalk unevenness caused by roots of a tree located at the curb-line which were growing beneath the pavement and raising the sidewalk. Mrs. Schreppler filed a complaint purporting to state a joint and several cause of action against the town of Middletown, and Iola M. Davidson, the owner of the abutting real estate and the land on which the tree and sidewalk are located. In a second cause of action, her…