Wood v. Philadelphia, Baltimore & Washington Railroad Co.
Superior Court of Delaware
Summons Case (No. 70, November Term, 1909), by widow to recover damages for death of husband. At the trial, the defendant offered in evidence the record and docket entries of a proceeding in divorce, instituted in the Superior Court for New Castle County, by John W. Wood against Josephine R. Wood, his wife, the plaintiff, which showed that a decree nisi had been entered, and the grounds upon which the proceeding was instituted.
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Summons Case (No. 70, November Term, 1909), by widow to recover damages for death of husband. At the trial, the defendant offered in evidence the record and docket entries of a proceeding in divorce, instituted in the Superior Court for New Castle County, by John W. Wood against Josephine R. Wood, his wife, the plaintiff, which showed that a decree nisi had been entered, and the grounds upon which the proceeding was instituted. The record and entries further showed that after the death of John W. Wood, and before the expiration of one year from the entry of the decree nisi, the said decree…
1Opinion of the Court
Woolley, J.,
delivering the opinion of the Court:
As the plaintiff has instituted this action to recover for the loss occasioned her, as the widow of John W. Wood, by the death of her husband, but in the trial has limited her claim to damages for the loss, present and prospective, of her husband’s support, which she was receiving at the time of his death or to which, under the law, she was entitled, as his wife, to receive from him, we are of opinion that, by proper evidence and in mitigation of damages, the defendant may show the extent of that loss by showing the extent of the support which…
2Cases cited21 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- North Chicago Street Railway Co. v. CottonIllinois Supreme Court · 1892
- Railroad Company v. PollardSupreme Court of the United States · 1875
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3Cited by13 opinions
- Dow v. Carnegie-Illinois Steel CorporationCourt of Appeals for the Third Circuit · 1948
- O'Toole v. United StatesCourt of Appeals for the Third Circuit · 1957
- Jehu P. Evans v. The Pennsylvania Railroad Company, Margaret Elizabeth Jester, Widow v. The Pennsylvania Railroad Company, Noah Kenneth Collins v. The Pennsylvania Railroad Company, Leland Kenneth Phillips v. The Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1958
- Coulson v. Shirks Motor Express CorporationSuperior Court of Delaware · 1954
- Bennett v. AndreeSupreme Court of Delaware · 1969
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