Simonds v. Miles
Superior Court of Delaware
1Opinion of the CourtLayton, J.
Prior to the adoption of the new Rules of this Court proper pleading required that the complaint set forth with particularity not only the statutory violation giving rise to the negligence complained of, but also the causal connection between the violation of the statute and the resulting injury. Beacon v. Fraim, 6 W.W.Harr. 154, 172 A. 447. Rule 9 (b) of the present Rules still requires that the negligent act or acts upon which the action is predicated be pleaded with particularity. However, it is no longer necessary to allege a causal connection between a statutory violation and *467the…
2Cases cited2 opinions
- Winter v. Pennsylvania RailroadSuperior Court of Delaware · 1948
- Beacom v. FraimSuperior Court of Delaware · 1934
3Cited by3 opinions
- Laskowski v. Atomic Cleaners & Dyers, Inc.Superior Court of Delaware · 1952
- Weinberg v. HartmanSuperior Court of Delaware · 1949
- Mackey v. O'NealSuperior Court of Delaware · 1952