Kyne v. Wilmington & Northern R.

Houston, J.,

charging the jury :

Gentlemen of the jury s This action, as you have learned before, is what is commonly called an action on the ease, to recover damages for an injury sustained in driving over the road called the Barley Mill Eoad, in Brandywine or Christiana Hundred, not far from this city, by reason of the alleged negligence of the defendant company in the manner of building the embankment on that road with a view to crossing by the railroad over it.

It is brought by Ella T. Kyne, a minor of tender years, by her next friend Eugene Sayers, against the Wilmington & Northern Eailroad…