Schorah v. Carey

DUFFY, Justice:

This appeal brings up for review an order of the Superior Court granting summary judgment to defendants in an action for personal injuries sustained by an eight-year-old child. The pertinent facts appear in the opinion of the Trial Court, Del.Super., 318 A.2d 610 (1974).

The Court tested plaintiffs’ right to recovery against the provisions of the Restatement of Torts § 339 (2d ed.). We approve the rule of that section which is accepted by the great majority of American courts and which reads as follows:

Ҥ 339. Artificial Conditions Highly Dangerous to Trespassing Children

A…