Knopf v. Philadelphia, Wilmington & Baltimore Railroad
Superior Court of Delaware
to recover from the defendant company damages for personal injuries alleged to have been sustained by the plaintiff, and also for injury to his baker wagon, by reason of the negligence of the defendant company, on the second day of June, 1898, at the railroad crossing near Landlith Station in the City of Wilmington.
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to recover from the defendant company damages for personal injuries alleged to have been sustained by the plaintiff, and also for injury to his baker wagon, by reason of the negligence of the defendant company, on the second day of June, 1898, at the railroad crossing near Landlith Station in the City of Wilmington. At the trial the witness, Albert J. Beckley, engineer of the defendant company’s train which was alleged to have caused the injury, was asked in cross examination by Mr. Hilles: “How did you happen to be running your train at the rate of twelve or fifteen miles an hour in the City…
1Opinion of the Court
Pennewill, J.:
We think the right of a witness to refuse to answer a question on the ground that he may incriminate himself, is one personal to the witness, and can be claimed by himself alone.
The witness thereupon stated in reply to a question by the Court, that he did not exactly know what was meant by an answer that would in&riminate him, but that he was not afraid to answer the question because it would make him liable to the penalty of the law, and did not decline to answer on that ground.
Peeeewill, J.:—We think that admits it.
The witness was further asked by Mr. Hilles what his schedule…
2Cases cited1 opinion
- Parvis v. Philadelphia, W. & B. R.Superior Court of Delaware · 1889
3Cited by7 opinions
- Lindsay v. CecchiSupreme Court of Delaware · 1911
- Gray v. Pennsylvania RailroadSuperior Court of Delaware · 1927
- Baltimore & Ohio R. R. v. HawkeSupreme Court of Delaware · 1928
- Roberts v. Maryland, Delaware & Virginia Railway Co.Superior Court of Delaware · 1914
- Burns v. BoudwinSupreme Court of Delaware · 1971
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