Connor v. Lyness

HERRMANN, Justice:

The determinative question on this appeal is whether 10 Del.C. § 4302, the so-called Dead Man Statute, 1 is applicable in an automobile negligence case in which the plaintiff is the surviving driver of the two-vehicle accident and the other driver was deceased when the action was commenced against his executor. The question may be otherwise stated: is an automobile accident a “transaction” between two stranger-drivers within the meaning of that word as used in the Dead Man Statute? We think not.

I

This automobile negligence action was brought by Ralph E. Lyness and Elsie B.…