White v. Peoples Railway Co.
Superior Court of Delaware
to recover damages for personal injuries to one of the plaintiffs, Alawilda White, the wife of Thompson F. White, the other plaintiff.
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to recover damages for personal injuries to one of the plaintiffs, Alawilda White, the wife of Thompson F. White, the other plaintiff. Plaintiffs alleged that on April 13,1905, the defendant company, in the construction of a section or branch of its electric railway, was moving certain heavy steel rails by horse power, at Shallcross Avenue and Lincoln Street in Wilmington, that when the said wife, who was lawfully crossing said Shallcross Avenue, was in the act of stepping over one of the rails lying upon the said crossing, the said rail was suddenly moved by the defendant’s servants, without…
1Opinion of the Court
Lore, C. J.:
We decline to grant the nonsuit.
The defense set up was two-fold: First, that whatever negligence there might have been, if any, was due and chargeable to a *478person who occupied the relation to the Peoples Railway Company of an independent contractor, for whose negligence the defendant company was not liable. Second, that the plaintiff was guilty of contributory negligence in stepping over the rails at the time of the accident, inasmuch as she had ample opportunity to walk around them, as she had done when she first passed them on the morning of the accident, that the danger was…
2Cases cited15 opinions
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Miller v. Minnesota & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Balsley v. St. Louis, Alton & Terre Haute RailroadIllinois Supreme Court · 1886
- Chicago, St. Paul & Fond du Lac Railroad v. McCarthyIllinois Supreme Court · 1858
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3Cited by4 opinions
- National Fire Insurance Co. of Hartford v. Westgate Construction Co.District Court, D. Delaware · 1964
- Peters v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Langrell v. HarringtonSuperior Court of Delaware · 1945
- Lamanna v. StevensSuperior Court of Delaware · 1915