Phillips v. Mayor of Wilmington

This case, consisting of two appeals from the Superior Court, is presently before us on a motion to strike from the record an opinion filed in the Court below a few days after one of the appeals had been taken.

The plaintiffs (Phillips) originally sued Delaware Power & Light Company (Delaware) alone, on the ground of negligence. Later, Delaware as third-party plaintiff sued The Mayor and Council of the City of Wilmington (Wilmington) and Dabson Paving Company (Dabson) as third-party defendants. Thereafter Phillips filed a complaint against Wilmington and Dabson. The third-party defendants…