Di Nardi v. Standard Lime & Stone Co.
Superior Court of Delaware
Action by Administrator for Damages for death of plaintiff’s intestate, alleged to have been occasioned through the negligence of the defendant company.
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Action by Administrator for Damages for death of plaintiff’s intestate, alleged to have been occasioned through the negligence of the defendant company. It was not disputed that death of the plaintiff’s intestate occurred on December 6, 1907, in a stone-dust bin at the quarry of the defendant company at Wooddale, and was caused by withdrawing stone:dust from the bottom of the bin while the decedent was above, whereby he was drawn below the surface of the stone-dust and smothered. The plaintiff contended and sought to prove that the accident occurred by reason of stone-dust being left in the…
1Opinion of the Court
Woolley, J.:
We understand, Mr. Hilles, that your objection to the question extends to the disqualification of the witness to testify, not only with respect to matters that relate to transactions with or statements by the decedent, but to any other matter?
Mr. Hilles:—Yes, sir.
Mr. Gray, for plaintiff, contended that the statute in referring to executors and administrators stipulated that they should not testify as to statements by or transactions with the deceased, but that that was the limit of their disqualification as witnesses; that certainly an administrator has as full a right as his…
2Cited by6 opinions
- Southern Natural Gas Co. v. DavidsonSupreme Court of Alabama · 1932
- Krause v. EmmonsSuperior Court of Delaware · 1915
- Lake Shore Nat. Bank v. Bellanca Aircraft CorporationDistrict Court, D. Delaware · 1949
- Connor v. LynessSupreme Court of Delaware · 1971
- Van Meter v. GoldfareAppellate Court of Illinois · 1925
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