Krause v. Emmons
Superior Court of Delaware
Action by Frederick Krause against Harry Emmons, executor of Henry Blouth, deceased, to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant’s testate. There was a verdict and judgment for plaintiff, and defendant took a bill of exceptions, subsequently suing out a writ of error. Reversed.
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Action by Frederick Krause against Harry Emmons, executor of Henry Blouth, deceased, to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant’s testate. There was a verdict and judgment for plaintiff, and defendant took a bill of exceptions, subsequently suing out a writ of error. Reversed. M. testified, in substance, that at the time of the accident he was brewmaster in the brewery of the deceased, and in that capacity had control of the different departments thereof, excluding the office; that he hired and discharged the men connected with…
1Opinion of the Court
Pennewill, C. J.:
By Section 1 of Chapter 537, Volume 16, Laws of Delaware, it is provided:
*106“That in actions or proceedings by or against, executors, administrators or guardians in which judgment or decree may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator, intestate or ward unless called to testify by the opposite party.”
A similar question, in principle, was before the court in Di Nardi v. Standard Lime & Stone Co., 3 Boyce, 369, 84 Atl. 124. In that case the administrator of the deceased was…
2Cases cited4 opinions
- American Bridge Co. v. ValenteSupreme Court of Delaware · 1909
- Di Nardi v. Standard Lime & Stone Co.Superior Court of Delaware · 1912
- Creswell v. Wilmington & Northern RailroadSupreme Court of Delaware · 1899
- Warren v. Harlan & Hollingsworth Corp.Superior Court of Delaware · 1912
3Cited by11 opinions
- Knoepfle v. SukoNorth Dakota Supreme Court · 1961
- Foster v. Englewood Hospital Ass'nAppellate Court of Illinois · 1974
- Fincham Ex Rel. Fincham v. MuellerNebraska Supreme Court · 1958
- Farley v. CollinsSupreme Court of Florida · 1962
- Kaufmann v. McKeownSupreme Court of Delaware · 1963
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