Smith v. Danvir Corporation

Lynch, J.:

A collision occurred between two motor vehicles at the intersection of Franklin Street and Lancaster Avenue in Wilmington on October 2, 1961, at about 9:00 A.M. One of these vehicle was operated by Stephen J. White and the plaintiffs Robert L. Smith and Marie Smith were passengers therein. The other motor vehicle was a truck owned by defendant Danvir Corporation and driven by one of its employees.

Defendant Danvir Corporation in its Answer to the Complaint denied plaintiffs’ allegation of negligence and asserted a First Affirmative Defense reading as follows:

“At the time and place…