Spahn v. Peoples Railway Co.
Superior Court of Delaware
Action on the Case brought by the plaintiff who at the time was employed as a motorman by the defendant, to recover damages for personal injuries. Said injuries were alleged to have been sustained on account of the negligence of the defendant in not furnishing the plaintiff with reasonably safe appliances, to wit, brakes.
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Action on the Case brought by the plaintiff who at the time was employed as a motorman by the defendant, to recover damages for personal injuries. Said injuries were alleged to have been sustained on account of the negligence of the defendant in not furnishing the plaintiff with reasonably safe appliances, to wit, brakes. The contention of the plaintiff was that by reason of the imperfect and defective condition of the brakes upon the car which he was operating as the servant of the defendant, he was unable to stop the car, and by reason thereof, collided with another trolley car and was…
1Opinion of the Court
Pennewill, C. J.,
charging the jury:
Gentlemen of the jury:—The plaintiff in this action seeks to recover from the defendant company damages for personal injur*307ies which are alleged to have been sustained on account of the negligence of said company.
The plaintiff claims that about eleven o'clock on the night of August 14, 1911, he was motoring a car of the defendant from Brandywine Springs to the City of Wilmington, and because of defective brakes on the car, which would not take hold of the wheels, he was unable to stop or hold the car when descending a grade near Haley's curve, and in…
2Cases cited45 opinions
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Galveston City Railroad v. HewittTexas Supreme Court · 1887
- Florida Railway & Navigation Co. v. WebsterSupreme Court of Florida · 1889
- Crary v. SpragueNew York Supreme Court · 1834
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3Cited by5 opinions
- In Re Everett's WillSupreme Court of Vermont · 1933
- Burns v. Delaware Coca-Cola Bottling CompanySuperior Court of Delaware · 1966
- Rudnick v. JacobsSupreme Court of Delaware · 1938
- Buckley v. R. H. Johnson & Co.Superior Court of Delaware · 1942
- Watson v. StateSupreme Court of Delaware · 1962