Brown v. Green & Flinn, Inc.
Superior Court of Delaware
Action by William C. Brown against Green & Flinn, Incorporated, to recover damages for personal injuries by negligence. On special demurrer to the first three counts of the declaration. Overruled as to the first two counts and sustained as to the third.
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Action by William C. Brown against Green & Flinn, Incorporated, to recover damages for personal injuries by negligence. On special demurrer to the first three counts of the declaration. Overruled as to the first two counts and sustained as to the third. The defendant demurred specially to the first three counts of the declaration; and the causes of demurrer to each of the counts are (1) they do not set forth or describe any particular kind of carelessness or negligence; (2) they do not allege any particular kind of carelessness or negligence with sufficient particularity; (3) they merely set…
1Opinion of the Court
Boyce, J.:
[1] The averment in the first and second counts is that:
“The said plaintiff, while, then and there, in the exercise of due care and caution on his part, lawfully riding along the said road” (Rockland) “upon a motorcycle, by and through the negligence of the said defendant in permitting its said” (automobile or motor) “truck to be operated upon said road by an unskilled and incompetent servant, as aforesaid, was run into by the said truck and thereby struck with great force,” etc.
The negligent act averred in these two counts is in permitting the motor truck to be operated upon the…
2Cases cited1 opinion
- Lindsay v. CecchiSupreme Court of Delaware · 1911
3Cited by6 opinions
- Rounds, Admr. v. PhillipsCourt of Appeals of Maryland · 1934
- Rocca v. SteinmetzCalifornia Court of Appeal · 1923
- Hersman v. County Court of Roane CountyWest Virginia Supreme Court · 1920
- Beacom v. FraimSuperior Court of Delaware · 1934
- Duty v. East Coast Tender Service, Inc.Court of Appeals for the Fourth Circuit · 1981
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