Buchanan v. Philadelphia, Baltimore & Washington Railroad Co.
Superior Court of Delaware
Action on the Case (No. 84, March Term, 1909), brought by the plaintiff, Robert L. Buchanan, to recover damages for personal injuries and for the death of his horse and for injuries to his wagon, occasioned, as alleged, by the negligence of the defendant. Verdict and judgment for plaintiff. Writ of Error sued out of the Supreme Court by defendant. At the trial, the plaintiff testified as to the facts and circumstances leading up to the accident.
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Action on the Case (No. 84, March Term, 1909), brought by the plaintiff, Robert L. Buchanan, to recover damages for personal injuries and for the death of his horse and for injuries to his wagon, occasioned, as alleged, by the negligence of the defendant. Verdict and judgment for plaintiff. Writ of Error sued out of the Supreme Court by defendant. At the trial, the plaintiff testified as to the facts and circumstances leading up to the accident. At the close of the testimony for the plaintiff, counsel for the defendant moved for a nonsuit, basing his reasons therefor as set out in the…
1Opinion of the Court
Boyce, J.,
chargingthe jury:
Gentlemen of the jury:—We decline to instruct you to find for the defendant.
This action was brought by Robert L. Buchanan, the plain tiff, against the Philadelphia, Baltimore and Washington Railroad Company, the defendant, to recover damages for injuries to himself, for the death of his horse and for injury to his wagon, alleged to have been occasioned by the negligence of the defendant company.
The plaintiff in his declaration avers, first, that he, in the exercise of due care upon his part, was lawfully passing along a public highway, in this county, in a wagon, on…
2Cited by2 opinions
- Gray v. Pennsylvania RailroadSuperior Court of Delaware · 1927
- Trimble v. Philadelphia, Baltimore & Washington RailroadSuperior Court of Delaware · 1913