Further it is presumed that the legislature used the words in the statute in their ordinary and common meaning. Bentley v. Interior Milling Co., 93 A.2d 121, 122, 123 (Del.Super.Ct. 1952); E.I. Du Pont De Nemours Co. v. Clark, 88 A.2d at 438. The instant action involves the validity of the limited partnership amendment where an existing limited partner is not included in the amended version of the limited partnership membership composition.

Chapman v. Trump, Del.Super., 110 A.2d 308, 310. Campbell v. Walker, 2 Boyce 41, 25 Del. 41, 78 A. 601, 604; Zink v. Kessler Trucking Co., 8 W.W.Harr. 271, 38 Del. 271, 190 A. 637, 640; Lynch v. Lynch, 9 W.W.Harr. 1, 39 Del. 1, 195 A. 799, 802; Tyndall v. Rippon, 5 Terry 458, 44 Del. 458, 61 A.2d 422, 425; Warren v. Anchor Motor Freight, Inc., of Delaware, 7 Terry 188, 46 Del. 188, 81 A.2d 321, 322; Bentley v. Interior Milling Co., 8 Terry 453, 47 Del. 453, 93 A.2d 121, 122; De Angelis v. U.S.A.C. Transport, Inc., 9 Terry 405, 105 A.2d 458, 460; Wealth v. Renai, Del.Super., 114 A.2d 809, 810-811. 4. Defendant's agent also violated the common law duty imposed upon an operator of a motor vehicle upon a public highway to maintain constantly a proper lookout for the presence of other vehicles.

The main thrust of plaintiff's argument in the Parsons appeal is directed to the refusal of the trial judge to include in his charge an instruction that 21 Del. C. § 4130(a) was applicable and that if Parsons had violated that section he would thereby have been guilty of negligence per se. The question narrows itself to the applicability of the section to this particular accident. If it is applicable, error was committed. If it is not applicable, then the judgment must be affirmed. The court below refused to charge as requested in reliance, in part at least, on Bentley v. Interior Milling Co., 8 Terry 453, 93 A.2d 121. In that case the Superior Court was called upon to construe § 4130(a) (then 1935 Code, § 5626).