Klair v. Philadelphia, Baltimore & Washington Railroad
Superior Court of Delaware
Action on the case to recover damages alleged to have been sustained by the plaintiffs to certain shipments of cattle from Chicago, while being transported over the defendant’s line of railroad to Price’s, Millington, Barclay, and Centreville, in the State of Maryland. The damage complained of was alleged to have been caused by improperly caring for and handling said cattle while in transit to said destinations. The facts are sufficiently stated in the charge to the jury.
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Action on the case to recover damages alleged to have been sustained by the plaintiffs to certain shipments of cattle from Chicago, while being transported over the defendant’s line of railroad to Price’s, Millington, Barclay, and Centreville, in the State of Maryland. The damage complained of was alleged to have been caused by improperly caring for and handling said cattle while in transit to said destinations. The facts are sufficiently stated in the charge to the jury. At the trial, the plaintiffs having summoned an employee of the defendant company duces tecum, upon the appearance of said…
1Opinion of the CourtHastings, J.
Upon reference to Woolley on Delaware Practice, at section 573, under the head of “Subpoena Duces Tecum, ”we find this: “A subpoena duces tecum is a writ or process of the same kind as the subpoena ad testificandum, issued for the same purpose and an additional purpose of requiring the witness to bring with him and produce to the Court books, papers or things, in his hands, tending to elutidate^the matter in issue. This is the only method in most cases of obtaining the production of a document in the hands of a person not a party to the action, and it is applicable only to those who are not…
2Cases cited42 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
- Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
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3Cited by9 opinions
- Rollins Environmental Services, Inc. v. WSMW Industries, Inc.Superior Court of Delaware · 1980
- Superior Tube Co. v. Delaware Aircraft Industries, Inc.District Court, D. Delaware · 1945
- Malone Freight Lines, Inc. v. Johnson Motor Lines, Inc.Supreme Court of Delaware · 1959
- Jardine, Matheson & Co. v. United StatesDistrict Court, W.D. Washington · 1924
- Hardesty v. American Railway Express Co.Superior Court of Delaware · 1922
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