Sund v. Wilmington & Philadelphia Traction Co.
Superior Court of Delaware
1Opinion of the CourtBoyce, J.
The court is constrained to submit the cases to the jury. The motion for a nonsuit is denied.
It was shown for the defendant company by one of the witnesses for the plaintiffs that she saw some children sliding down the signboard a few minutes before the accident, and that she had told P. of the company the day after the accident that the end of the sign was about a foot from the track.
A passenger on the car, sitting in the second or third seat from the rear, and on the side on which the signboard was, saw the board before the car came up to it, and it was not over the rail. Children were…
2Cases cited2 opinions
- Tully v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Delaware · 1900
- Creswell v. Wilmington & Northern RailroadSupreme Court of Delaware · 1899
3Cited by2 opinions
- Kinney v. ShortSuperior Court of Delaware · 1838
- Stean v. AndersonSuperior Court of Delaware · 1845