Legal Opinion

Mayor of Wilmington v. Ewing

Supreme Court of Delaware

Decided April 18, 1899PublishedCited by 8 opinions

Writ of Error to the Superior Court of the State of Delaware, in and for New Castle County. At the November term of the Superior Court of New Castle County, 1896, one Sydney E. Ewing and Luther W. Ewing, her husband, brought an action of trespass on the case against “ The Mayor and Council of Wilmington” for injuries alleged to have been received by the said Sydney E. Ewing, by her stepping into a partly open gutter plate on the northerly side of Ninth street between Shipley…

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Writ of Error to the Superior Court of the State of Delaware, in and for New Castle County. At the November term of the Superior Court of New Castle County, 1896, one Sydney E. Ewing and Luther W. Ewing, her husband, brought an action of trespass on the case against “ The Mayor and Council of Wilmington” for injuries alleged to have been received by the said Sydney E. Ewing, by her stepping into a partly open gutter plate on the northerly side of Ninth street between Shipley street and Orange street in the said City of Wilmington, and recovered damages therefor in the sum of five thous- and…

1Opinion of the Court

Cullen, J.,

charging the jury:

“ Gentlemen of the jury:—This is an action on the case brought by the plaintiffs, Luther W. Ewing and Sydney E. Ewing, his wife, against ‘ The Mayor and Council of Wilmington,’ to recover damages alleged to have been received by Sydney E. Ewing on the night of the eighteenth day of October, 1894, by stepping *70into an opening in the gutter-plate, which extended over a gutter in the sidewalk or pavement on the north side of West Ninth street, between Shipley and Orange streets, which opening existed, and was allowed to continue by reason of the negligence of the…

2Cases cited46 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. Stuart v. . PalmerNew York Court of Appeals · 1878
  3. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  4. City of Rochester v. . CampbellNew York Court of Appeals · 1890
  5. Mayor of New-York v. BaileyNew York Supreme Court · 1845

41 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Shellhorn & Hill, Inc. v. StateSupreme Court of Delaware · 1962
  2. Wilmington Housing Authority v. Williamson Ex Rel. WilliamsonSupreme Court of Delaware · 1967
  3. Coleman v. RhodesSuperior Court of Delaware · 1932
  4. Banks v. DowningSuperior Court of Delaware · 1951
  5. Russell v. Mayor of WilmingtonSuperior Court of Delaware · 1932

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