Beck v. Bethlehem Loading Co.
Superior Court of Delaware
Action by William H. Beck, administrator, against Bethlehem Loading Company to recover damages for the death of plaintiff’s intestate. On demurrer to the fourth and fifth counts of the declaration, on the ground of duplicity; and on demurrer to the special traverse to the first, second, third and sixth counts. Demurrer to the declaration overruled; demurrer to the special traverse sustained.
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Action by William H. Beck, administrator, against Bethlehem Loading Company to recover damages for the death of plaintiff’s intestate. On demurrer to the fourth and fifth counts of the declaration, on the ground of duplicity; and on demurrer to the special traverse to the first, second, third and sixth counts. Demurrer to the declaration overruled; demurrer to the special traverse sustained. The negligence averred in the fourth count is: “That the said driver of said motor car approached said intersection of said roads with said motor car at a high rate of speed, with the side curtains on the…
1Per curiam
[1] The facts grouped together in the two counts above recited seem to come within the principles of pleading recognized in Mullin v. Blumenthal & Co., 1 Pennewill 476, 42 Atl. 175, wherein it was held that mere diversity of facts set up in a count will not render it double, when all the facts together tend to the statement of one point or ground of recovery. It is the opinion of the Court that the demurrer to the said two counts in the declaration should be overruled.
[2] The demurrer to the special traverse is sustained, for the reason that it does not clearly appear why the matter set up in…
2Cases cited1 opinion
- Mullin v. BlumenthalSuperior Court of Delaware · 1899
3Cited by1 opinion
- State v. Fidelity & Deposit Co.Superior Court of Delaware · 1921