Tully v. Philadelphia, Wilmington & Baltimore Railroad
Superior Court of Delaware
Action on the Case, to recover damages for the death of Henry Tully, an infant, which death plaintiff alleged was caused by the negligence of the defendant company. The material facts were as follows: An engine and train crew of the defendant had shifted a box car, coal car, and stone car from the main track of the defendant’s road, in the City of Wilmington, to a side track, known as the corn track, leaving the end of the stone car projecting over the main track.
Read the full summary
Action on the Case, to recover damages for the death of Henry Tully, an infant, which death plaintiff alleged was caused by the negligence of the defendant company. The material facts were as follows: An engine and train crew of the defendant had shifted a box car, coal car, and stone car from the main track of the defendant’s road, in the City of Wilmington, to a side track, known as the corn track, leaving the end of the stone car projecting over the main track. Immediately thereafter the said Henry J. Tully, aged about eight years, and two other small boys climbed into said coal car, which…
1Opinion of the Court
Pennewill, J.,
charging the jury:
Gentlemen of the jury:—In this action Thomas J. Tully, administrator of Henry Tully, deceased, seeks to recover from the defendant, the Philadelphia, Wilmington and Baltimore Railroad Company, damages for the death of said deceased, which death the plaintiff alleges was caused by the negligence of the defendant company. It is averred by the plaintiff that the defendant so negligently and carelessly operated its road on the twenty-fifth day of August, 1896, at the place where the accident occurred that the said Tully was violently thrown from a car and instantly…
2Cited by9 opinions
- Murray v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1947
- State v. ValentNew York Court of General Session of the Peace · 1926
- Keady v. United StatesCourt of Appeals for the Tenth Circuit · 1933
- Linthicum v. TruittSuperior Court of Delaware · 1911
- Biro v. SchombertCourt of Special Appeals of Maryland · 1979
4 more not listed; retrieve them via the Exa API.