Kaufmann v. McKeown

193 A.2d 81 (1963)

Sidney KAUFMANN, Plaintiff-Below, Appellant,

v.

Shirley Anne McKEOWN, Administratrix of the Estate of Josephine Facer, Defendant-Below, Appellee.

Supreme Court of Delaware.

July 16, 1963.

C. W. Berl, Jr., of Berl, Potter & Anderson, Wilmington, for appellant.

Joseph H. Flanzer and Alfred M. Isaacs, of Flanzer & Isaacs, Wilmington, for appellee.

TERRY, C. J., and WOLCOTT and CAREY, JJ., sitting.

TERRY, Chief Justice.

This is a tort action involving the applicability of the so-called "Dead Man's Act," 10 Del.C., Sec. 4302.

On October 26, 1961, plaintiff was a passenger in an automobile…