Taylor v. Du Pont Building Corp.
Superior Court of Delaware
Action by Ethel W. Taylor, widow of Herbert S. Taylor, against Du Pont Building Corporation, to recover damages for the death of her husband, alleged to have been caused by the negligence of the defendant corporation. Plaintiff claimed in her narr. damages for loss of support and for loss of consortium. Directed verdict for defendant. Motion for new trial. Denied. Plaintiff brings error. Affirmed.
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Action by Ethel W. Taylor, widow of Herbert S. Taylor, against Du Pont Building Corporation, to recover damages for the death of her husband, alleged to have been caused by the negligence of the defendant corporation. Plaintiff claimed in her narr. damages for loss of support and for loss of consortium. Directed verdict for defendant. Motion for new trial. Denied. Plaintiff brings error. Affirmed. The undisputed testimony was substantially as follows: That about three o’clock in the afternoon of February 8, 1915, Herbert S. Taylor, the plaintiff’s husband, was employed and had been for two…
1Opinion of the Court
Rice J.,
delivering the opinion of the court below:
We have very carefully considered the arguments of counsel for and against the motion for a nonsuit, in connection with the evidence in the case, and we are now prepared to announce our decision.
Neligence is the gist of this action brought by the plaintiff to recover damages for the death of her husband. Before she is entitled to recover, it is necessary for her to both allege and prove that the negligence of the defendant was the cause of the accident which resulted in her husband’s death. Contributory negligence •of the deceased when it…
2Cases cited15 opinions
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Bassett v. . FishNew York Court of Appeals · 1878
- B. Shoninger Co. v. MannIllinois Supreme Court · 1905
- Beidler v. BranshawIllinois Supreme Court · 1902
- Engel v. SmithMichigan Supreme Court · 1890
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3Cited by4 opinions
- Rice v. Goodspeed Real Estate Co.Michigan Supreme Court · 1931
- Keeter v. Devoe & Raynolds, Inc.Supreme Court of Missouri · 1936
- Willis v. SchlagenhaufSuperior Court of Delaware · 1936
- Union Wholesale Company v. Bank of DelawareSuperior Court of Delaware · 1963