Kennedy v. Delaware Cotton Co.
Superior Court of Delaware
Action on the Case This was an action brought by James E. Kennedy, the father of James Lea Kennedy, deceased, a minor, to recover damages for the loss of services of said minor and for expenses to which said father had been put by reason of the instantaneous killing on October 25, 1901, of his said son, who was employed by the defendant and whose death was alleged to have been due to the negligence of the defendant.
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Action on the Case This was an action brought by James E. Kennedy, the father of James Lea Kennedy, deceased, a minor, to recover damages for the loss of services of said minor and for expenses to which said father had been put by reason of the instantaneous killing on October 25, 1901, of his said son, who was employed by the defendant and whose death was alleged to have been due to the negligence of the defendant. On July 1, 1903, an amended declaration was filed, consisting of five counts, beginning as follows: “And also for that Whereas, heretofore, to wit, at the time of the committing…
1Opinion of the Court
Lore, C. J.:
The Court think that under the overwhelming weight of authority this demurrer must be sustained. What judgment will you take ?
Mr.Melson:—We will take a judgment of respondeat ouster.
Lore, C. J.:—Let judgment of respondeat ouster be entered.
2Cited by1 opinion
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