CHAPTER 176

PLEADING AND PRACTICE IN CIVIL ACTIONS

AFFIDAVIT MUST BE FILED BY DEFENDANT DENYING AGENCY OF OPERATOR, IN ACTIONS FOR DAMAGE ARISING OUT OF OPERATION OF ANY MOTOR VEHICLE

AN ACT TO AMEND CHAPTER 128 OF THE REVISED CODE OF DELAWARE, 1935, RELATIVE TO PLEADINGS AND PLEADING AND PRACTICE IN CIVIL ACTIONS OPERATOR, IN ACTIONS FOR DAMAGE ARISING OUT OF OPERATION OF ANY VEHICLE AFFIDAVIT MUST BE FILED BY DEFENDANT DENYING AGENCY OF OPERATOR.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. Amend Chapter 128 of the Revised Code of Delaware, 1935, by adding to said Chapter after 4651, Section 9, a new section to be known as 4651A, Section 9A, as follows:

4651A. Section 9A. In any action arising out of the operation of any vehicle, in which it shall be alleged that the operator of said vehicle was a servant, agent or employee of the defendant, it shall not be necessary for the plaintiff on the trial to prove that the person operating said vehicle was a servant, agent or employee of the defendant or that said servant, agent or employee was at the time of the occurrence for which said action shall be brought, was operating said vehicle in and about the course of his duties as a servant, agent or employee of defendant, but the same shall be taken to be admitted on the record as alleged unless the defendant, or where there is more than one defendant, some one of the defendants, shall have filed, at or before the time when the pleas are filed in such action, or at such other time as the court may allow, an affidavit denying that the operator of said vehicle was operating the same at the time of said occurrence as a servant, agent or employee of defendant, or that said operator of said vehicle was operating the same in and about the course of his duties as a servant, agent or employee of defendant.

other time as the court may allow, an affidavit denying that the operator of said vehicle was operating the same at the time of said occurrence as a servant, agent or employee of defendant, or that said operator of said vehicle was operating the same in and about the course of his duties as a servant, agent or employee of defendant.

Approved April 13, 1943.