Legal Opinion

Gismondi v. Peoples Railway Co.

Superior Court of Delaware

Decided November 21, 1911No. 89PublishedCited by 4 opinions

Action on the Case by administrator of Anina Gismondi, deceased, — a child two years old — to recover damages for the death of said deceased alleged to have been occasioned by the negligence of the defendant. (The facts and contentions of the parties appear in the charge of the court.)

1Opinion of the CourtRice, J.

charging the jury:

Gentlemen of the jury: — In this action Ettore Gismondi, administrator of Anina Gismondi, deceased, is seeking to recover damages from the Peoples Railway Company, the defendant, for *579the death of Anina Gismondi, which he alleges to have been caused by the negligence of the defendant company.

The negligence of the defendant, of which the plaintiff complains, is set forth in the three counts of the plaintiff’s declaration. The counts and the acts of negligence therein alleged are in part and in substance:

First. That the defendant carelessly and negligently operated and ran one…

2Cases cited3 opinions

  1. Heinel v. Peoples Railway Co.Superior Court of Delaware · 1907
  2. Di Prisco v. Wilmington City Railway Co.Superior Court of Delaware · 1904
  3. Neal v. Wilmington & New Castle Electric Railway Co.Superior Court of Delaware · 1902

3Cited by4 opinions

  1. Dietz v. MeadSupreme Court of Delaware · 1960
  2. Handy v. Uniroyal, Inc.District Court, D. Delaware · 1971
  3. Cann v. Mann Construction Co.Superior Court of Delaware · 1952
  4. Taylor v. RigginSuperior Court of Delaware · 1939

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