Dickerson v. Brittingham
Superior Court of Delaware
Action by Elmer Dickerson against Ira Brittingham. Verdict for plaintiff. Action on the Case (No. 7, April Term, 1911) to recover damages for the death of plaintiff’s horse, alleged to have been caused by the negligent driving by the defendant of his team on Union Street in the Town of Milton on the night of December 24, 1910, resulting in a head-on collision, the shaft of defendant’s carriage striking and piercing the breast of plaintiff’s horse, to a depth of twenty-two…
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Action by Elmer Dickerson against Ira Brittingham. Verdict for plaintiff. Action on the Case (No. 7, April Term, 1911) to recover damages for the death of plaintiff’s horse, alleged to have been caused by the negligent driving by the defendant of his team on Union Street in the Town of Milton on the night of December 24, 1910, resulting in a head-on collision, the shaft of defendant’s carriage striking and piercing the breast of plaintiff’s horse, to a depth of twenty-two inches. The horse died from the effects of said wound sixteen days thereafter.
1Opinion of the Court
Conrad, J.,
charging the jury:
In this case Elmer Dickerson, the plaintiff, brings suit against Ira Brittingham, the defendant, to recover damages for the death of a horse that resulted from a collision that occurred on Union *95Street in the Town of Milton, in this county, on the night of December 24, 1910; it being alleged that the death of the horse was caused by the negligence of the defendant in driving a carriage. It is conceded that the death of plaintiff’s horse resulted from a collision of the teams of the parties to this suit, so that the main question for your determination is whether…
2Cases cited2 opinions
- Eaton v. Wilmington City Railway Co.Superior Court of Delaware · 1910
- Louft v. C. & J. Pyle Co.Superior Court of Delaware · 1910
3Cited by2 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