Braunstein v. Peoples Railway Co.
Superior Court of Delaware
Action on the Case (No. 8, September Term, 1909), by a passenger of the defendant company to recover damages for injuries alleged to have been occasioned by the negligence of said defendant. Demurrer to third, fourth and fifth counts of plaintiff’s declaration. (See same case post). The facts and contentions of counsel appear in the following opinion of the Court.
1Opinion of the CourtBoyce, J.
delivering the opinion of the Court:
The plaintiff averred in the third count of his declaration, among other things, that heretofore, to wit, on etc. at etc., in consideration that the plaintiff at the special instance * * * *312did take and engage passage * * * to be carried * * * upon a certain passenger car of * * * from * * * to * * * for certain reasonable hire * * * the said defendant not regarding, etc., so carelessly, improperly, negligently and unskilfully had constructed the tracks at a certain curve thereof, at and near the junction of etc., at etc., and so carelessly * * * drove and…
2Cited by2 opinions
- State v. Fidelity & Deposit Co.Superior Court of Delaware · 1921
- Valerii v. Breakwater Co.Superior Court of Delaware · 1912