Phillips v. Delaware Power & Light Company

CAREY, Justice.

The action below was a suit in Superior Court for damages caused by an explosion of gas which came into plaintiffs’ home from a gas main. The Court below granted summary judgment on the ground that the affidavits, depositions and other materials in the record failed, as against appellees, to show negligence or proximate cause. Plaintiffs and third-party plaintiff have appealed.

Plaintiffs (Phillips) originally sued Delaware Power and Light Company (Delaware) alone, since the gas came from Delaware’s main in the bed of Twenty-seventh Street in Wilmington. Delaware filed a…