McGowan v. Wilmington & Philadelphia Traction Co.
Superior Court of Delaware
Action on the Case (No. 22, May Term, 1914) by Jesse McGowan against the Wilmington and Philadelphia Traction Company, to recover damages for personal injuries to plaintiff and for injuries to his horse and wagon alleged to have been occasioned by the negligence of the defendant company.
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Action on the Case (No. 22, May Term, 1914) by Jesse McGowan against the Wilmington and Philadelphia Traction Company, to recover damages for personal injuries to plaintiff and for injuries to his horse and wagon alleged to have been occasioned by the negligence of the defendant company. Plaintiff testified that as he was descending the hill on his way home from Wilmington to Chester, in the nighttime, at Claymont, he saw an automobile approaching in front of him, and he was obliged to turn out upon the tracks of the defendant company. In doing so he looked around and neither saw nor heard a…
1Opinion of the Court
Boyce, J.,
charging the jury:
Gentlemen of the jury:—This is an action brought by Jesse McGowan against the Wilmington and Philadelphia Traction Company, to recover damages for personal injuries to himself and for injuries to his horse and wagon alleged to have been occasioned by the negligence of the defendant company.
The plaintiff alleges that the defendant company was operating one of its cars at or about the time of the accident on its tracks laid on the Philadelphia Turnpike near Claymont, in this county, on the eighth of November, 1913, between eleven and half past eleven in the…
2Cases cited1 opinion
- Heinel v. Peoples Railway Co.Superior Court of Delaware · 1907
3Cited by3 opinions
- Rhoades v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1926
- Ingram's Admrx. v. Rutland RailroadSupreme Court of Vermont · 1915
- Baltimore & Ohio R. R. v. HawkeSupreme Court of Delaware · 1928