Mechell v. Palmer

DUFFY, Justice:

The determinative question on appeal in this personal injury action is whether plaintiffs produced sufficient evidence of an agency relationship to create a jury issue. The Superior Court concluded that they had not and granted defendant Wilmington Towing Company’s motion for summary judgment.

I

Agency is a fact to be proved but it may be implied from circumstances. One who delegates power to act is responsible for what is done pursuant to that authority. 3 Am Jur. 2d Agency § 2. Whether or not such delegation has been made and what was done pursuant thereto may be proved by…