Guy v. State

438 A.2d 1250 (1981)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

On July 27, 1977, Ds conveyed to the State of Delaware, through the Department of Natural Resources and Environmental Control (DNREC), a parcel of farmland. The conveyance was subject to a 'daylighting' easement, that had been deeded to the State of Delaware, through the Highway Department, in June of 1956. The easement required Ds not to obstruct the clear view over the land at the intersection of Routes 9 and 6. The deed gave Ds the right to reside in the farmhouse and use all out-buildings for the remainder of their lives, exclusive trapping rights, the use of one goose blind site, and the right to grow corn or soybeans on all tillable acres. The option agreement from Ds to the State, which preceded the sale, contained the same terms as the deed which followed it. On August 28, 1977, Ps' vehicle collided with a vehicle driven by Coverdale (D), who had failed to stop at a stop sign at the intersection. Ps included Ds in their suit for damages contending that the accident could have been avoided, or the injuries greatly lessened, had their view of the intersection not been obstructed by tall growths of corn and other vegetation. Ds moves for summary judgment.