Kauffmann v. McKeown

Terry, Chief Justice.

This is a tort action involving the applicability of the so-called “Dead Maris Act,” 10 Del. C., Sec. 4302.

*219On October 26, 1961, plaintiff was a passenger in an automobile owned and operated by the now deceased defendant. He was riding in the left rear seat. There were two other passengers, one on the right front seat and another on the right rear seat. An accident occurred when defendant failed to negotiate a curve on the Governor Printz Boulevard north of Wilmington.

In September, 1962, the defendant died, but her death was not connected with the accident.

At trial, the…