Johns v. City of Wilmington

MEMORANDUM OPINION

LYNCH, Judge.

The plaintiff Elsie Johns asserts she was a passenger on a bus of defendant Delaware Coach Company on April 8, 1966, and in the act of alighting from the bus she fell in a hole or rut in a city street. She has sued the City of Wilmington1 and Delaware Coach Company2. The accident was not reported to the Delaware Coach Company.

When Mrs. Johns’ deposition was taken she testified that a friend of hers, at Mrs. Johns’ direction, had taken Polaroid pictures of the scene of the accident about two weeks after the accident. Such pictures show the accident scene,…