Neely v. Peoples Railway Co.
Superior Court of Delaware
Action on the Case (No. 115, September Term, 1912) by James Neely against the Peoples Railway Company to recover for personal injuries.
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Action on the Case (No. 115, September Term, 1912) by James Neely against the Peoples Railway Company to recover for personal injuries. Briefly, the plaintiff contended that, on the evening averred, he was driving in a wagon with two horses attached thereto, in a careful and cautious manner, on and along Woodlawn Avenue, in the City of Wilmington, in an easterly direction, and in ignorance of the existence and location of an excavation, made by the defendant company for the purpose of laying a switch, ran into the excavation and into and upon a pile or heap of earth which were negligently…
1Opinion of the Court
Pennewill, C. J.,
charging the jury:
Gentlemen of the jury:—This action is brought by James Neely, the plaintiff, against the Peoples Railway Company, the defendant, to recover damages which the plaintiff alleges he sustained on account of the negligence of the defendant. There are four counts in the plaintiff’s declaration, and the material averments may be summarized as follows:
In the first count it is averred that the defendant did make or cause to be made a certain trench or excavation in the bed of a certain public street in this city, known as Woodlawn Avenue, and negligently and…
2Cases cited2 opinions
- Lindsay v. CecchiSupreme Court of Delaware · 1911
- Stidham v. Mayor & CommissionersSuperior Court of Delaware · 1907
3Cited by1 opinion
- Burk v. Artesian Water Co.Superior Court of Delaware · 1952