Williams v. Walton & Whann Co.
Superior Court of Delaware
Action on the case for damages for the death of plaintiff’s husband caused by injuries incurred while in the employ of defendants. The facts appear in the opinion of the Court. This case was first tried at the February term, 1892, at which trial, Benjamin Uields, for the defendants, offered strict legal proof of a marriage of Joshua Williams and Jane Tate prior to the marriage of Joshua to the plaintiff in this case.
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Action on the case for damages for the death of plaintiff’s husband caused by injuries incurred while in the employ of defendants. The facts appear in the opinion of the Court. This case was first tried at the February term, 1892, at which trial, Benjamin Uields, for the defendants, offered strict legal proof of a marriage of Joshua Williams and Jane Tate prior to the marriage of Joshua to the plaintiff in this case. Lewis C. Vandegrift called a witness (to the ceremony—not the officiating minister) on behalf of the plaintiff to prove marriage of the deceased prior to the marriage set up by…
1Opinion of the CourtCullen, J.
question that has been raised here is a very interesting one. It has been very fully argued and the court have carefully gone over the decisions which have been cited in this case and we feel, that under the circumstances, this evidence is properly admissible. We put it upon this ground: While an actual marriage must be proved in cases of “ Crim. con.,” adultery, bigamy, etc., in civil cases presumptions are sufficient of cohabitation, living together, passing as man and wife, etc. This is a civil case, but by common consent on both sides, it appears, as we understand, that you propose to…
2Cases cited2 opinions
- Crutchfield v. Richmond & Danville Rail-RoadSupreme Court of North Carolina · 1878
- Georgia Railroad & Banking Co. v. McDadeSupreme Court of Georgia · 1877
3Cited by8 opinions
- O'Toole v. United StatesCourt of Appeals for the Third Circuit · 1957
- Grossman v. Delaware Electric Power Co.Superior Court of Delaware · 1929
- Turcol v. JenkinsSuperior Court of Delaware · 1956
- The SaginawDistrict Court, S.D. New York · 1905
- Terry v. American Fruit Growers, Inc.Superior Court of Delaware · 1925
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