Gatta v. Philadelphia, Baltimore & Washington Railroad Co.
Superior Court of Delaware
Verdict and judgment for defendant. Writ of error sued out by plaintiff. Summons Case (No. 57, September Term, 1907), brought by widow to recover damages for death of husband, who was, at the time of the accident, employed by the Pullman Company, it being alleged that the death was occasioned by the negligence of the defendant company, while engaged in taking cars to and from the property of the Pullman Company.
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Verdict and judgment for defendant. Writ of error sued out by plaintiff. Summons Case (No. 57, September Term, 1907), brought by widow to recover damages for death of husband, who was, at the time of the accident, employed by the Pullman Company, it being alleged that the death was occasioned by the negligence of the defendant company, while engaged in taking cars to and from the property of the Pullman Company. At the trial, after the jury had been sworn and before proceeding to hear any testimony in the case, counsel for the plaintiff stated to the Court that they relied upon the amended…
1Opinion of the Court
Boyce, J.,
delivering the opinion of the Court:
This action was brought on the ninth day of August, A. D. 1907. The death of Charles Gatta, the husband of the plaintiff, is alleged to have been occasioned by the negligence of the defendant company, on the twenty-eighth day of June, A. D. 1907.
The original declaration was filed for the plaintiff on the eighth day of August, A. D. 1908, and it contained three counts.
The material allegations in the first count of the declaration are, in substance, (1) that Gatta was an employee of the defendant company; (2) that it was the duty of the defendant…
2Cases cited25 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Walters v. City of OttawaIllinois Supreme Court · 1909
- Boston & M. R. R. v. HurdCourt of Appeals for the First Circuit · 1901
- Chicago & Eastern Illinois Railroad v. JenningsIllinois Supreme Court · 1901
- State Ex Rel. Zier v. Chesapeake Beach Railway Co.Court of Appeals of Maryland · 1903
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3Cited by7 opinions
- Miller v. HamnerCourt of Appeals for the Third Circuit · 1920
- Westover v. HooverNebraska Supreme Court · 1913
- Gatta v. Philadelphia, Baltimore & Washington RailroadSuperior Court of Delaware · 1911
- Hueston v. Preferred Accident InsuranceSupreme Court of Iowa · 1918
- Peruna Co. v. CommissionerUnited States Board of Tax Appeals · 1928
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