Legal Opinion
Costello v. Cording
Superior Court of Delaware
Decided August 1, 1952No. 355PublishedCited by 9 opinions
1Opinion of the Court
Terry, J.:
The meaning of the phrase “willful or wanton disregard of the rights of others” as used in our guest statute has been defined upon several occasions by the Courts of this State. Gallegher v. Davis & Law, 7 W. W. Harr. 380, 183 A. 620; Tyndall v. Rippon, 5 Terry 458, 61 A. 2d 422. Negligence as that term is properly understood in the law is eliminated as a basis of liability. Willful or wanton misconduct under the statute is evidenced by a display of conscious indifference to circumstances in the operation of a motor vehicle in a situation where probability of injury to others is…
2Cases cited7 opinions
- Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944
- Gallegher v. DavisSuperior Court of Delaware · 1936
- Morgan v. WellsCourt of Chancery of Delaware · 1951
- Hollander v. DavisCourt of Appeals for the Fifth Circuit · 1941
- Maher v. VossSuperior Court of Delaware · 1951
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Klein v. Sunbeam Corp.Supreme Court of Delaware · 1952
- Klein v. Sunbeam Corp.Superior Court of Delaware · 1952
- Rigsby v. TyreSuperior Court of Delaware · 1977
- Cohen v. Mayor and Council of WilmingtonCourt of Chancery of Delaware · 1953
- Stevenson v. IsaacsDistrict Court, D. Delaware · 1954
4 more not listed; retrieve them via the Exa API.