Legal Opinion

Diamond State Iron Co. v. Giles

Supreme Court of Delaware

Decided October 27, 1887PublishedCited by 10 opinions

Error to the Superior Court to review a judgment* rendered in New Castle County, in favor of the plaintiff below, etc., in an action on the case for personal injuries received from the fall of a building.

Read the full summary

Error to the Superior Court to review a judgment* rendered in New Castle County, in favor of the plaintiff below, etc., in an action on the case for personal injuries received from the fall of a building. This was an action on the case brought in the Superior Court in and for New Castle County, at its September term, 1885, by Ferris Giles, the defendant in error, against the Diamond State Iron Company, the plaintiff in error, to recover for injuries suffered by the said Giles, by reason, as is alleged, of the negligence of the company. The defendant below, prior to this suit, was engaged in…

1Opinion of the Court

Saulsbury, Chancellor :

What is negligence ? The term is relative and its application depends upon the situation of parties and the degree of care and vigilance which circumstances reasonably impose. That degree is not the same in all cases, but may vary according to the danger involved in the want of vigilance.

All the surrounding or attendant circumstances must be taken into account when the question involved is one of negligence. Negligence in a legal sense is no more or less than the failure to observe, for the protection of the interests of another person, that degree of care, precaution…

2Cited by10 opinions

  1. Gallegher v. DavisSuperior Court of Delaware · 1936
  2. Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
  3. Thompson v. CoolesSuperior Court of Delaware · 1935
  4. City of Anadarko v. Swain Et Ux.Supreme Court of Oklahoma · 1914
  5. Braren v. HornerCourt of Customs and Patent Appeals · 1931

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API