Kemp ex rel. Kemp v. McNeill Cooperage Co.
Superior Court of Delaware
Foreign attachment by Roy Kemp, an infant, by his next friend, Robert J. Kemp, against the McNeill Cooperage Company. The defendant appeared by giving the required security. The case was pleaded to issue, as in an action on the case for personal injuries. Trial by jury. Verdict for plaintiff.
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Foreign attachment by Roy Kemp, an infant, by his next friend, Robert J. Kemp, against the McNeill Cooperage Company. The defendant appeared by giving the required security. The case was pleaded to issue, as in an action on the case for personal injuries. Trial by jury. Verdict for plaintiff. Plaintiff’s evidence, by several witnesses, showed that the accident occurred on December 8, 1915, in a stave mill which defendant was operating near Sandtown, Kent county, Delaware; that on the day of the accident the mill was closed down for a short time in order that the saws might be filed, during…
1Opinion of the Court
Boyce, J.,
charged the jury in part:
This is an action- by Roy Kemp, an infant, by his next friend, Robert J. Kemp, against McNeill Cooperage Company, a corporation existing under the laws of the state of New Jersey.
The first count in the declaration, which contains two other counts, substantially the same as the first, charges that the defendant carelessly and negligently, on the eighth day of December, 1915, ordered the plaintiff to put a belt upon the pulley of a shaft in the defendant’s mill without warning or instructing *149him, the plaintiff, of the existence of the protruding set screw in…
2Cited by5 opinions
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