Higgins v. Wilmington City Railway Co.
Superior Court of Delaware
This was an action on the case to recover damages for injuries to his horse and wagon, which the plaintiff alleged were caused by the negligence of the defendant. The case made by the plaintiff was that on the 30th day of October, 1892, his horse and milk-wagon were temporarly stopped in front of the Dragon.
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This was an action on the case to recover damages for injuries to his horse and wagon, which the plaintiff alleged were caused by the negligence of the defendant. The case made by the plaintiff was that on the 30th day of October, 1892, his horse and milk-wagon were temporarly stopped in front of the Dragon. Run Dairy, on Delaware Avenue, just west of Jefferson Street, in the city of Wilmington, for the purpose of taking the milk out of the wagon and putting it in the cellar of said dairy; that the horse was fronting west with the hind wheels of the wagon in an easterly direction, near the…
1Opinion of the CourtLobe, C. J.
Even if there was negligence on the part of the
plaintiff it has been ruled in this court that if there was subsequent negligence on the part of the defendants, which was the proximate cause of the injury complained of, then they are liable.
If there be contributory negligence on the part of the plaintiff, which is the cause of the accident, that fact being proved, the defendant is not responsible. But if the remote cause of the in*356jury exists in the person and the proximate and immediate cause of the injury is on the other side, and the proof shows that it could have been avoided by reasonable…
2Cases cited19 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
- Correll v. B. C. R. & M. R. R. Co.Supreme Court of Iowa · 1874
- Favor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
- Chicago, Burlington & Quincy Railroad v. DicksonIllinois Supreme Court · 1878
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3Cited by1 opinion
- Denver & Rio Grande Western Railroad v. DuffSupreme Court of Colorado · 1960