Smithers v. Wilmington City Railway Co.
Superior Court of Delaware
to recover damages for personal injuries alleged to have been sustained by the plaintiff while in the act of leaving a car of the defendant company, as a passenger, at Hillcrest, near Wilmington, on October 1, 1906. Said injuries were alleged to have been caused by the negligence of the defendant, in providing a car with a broken and splintered step which went down with the plaintiff as she stepped upon the same and threw her violently upon the ground, breaking one of the…
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to recover damages for personal injuries alleged to have been sustained by the plaintiff while in the act of leaving a car of the defendant company, as a passenger, at Hillcrest, near Wilmington, on October 1, 1906. Said injuries were alleged to have been caused by the negligence of the defendant, in providing a car with a broken and splintered step which went down with the plaintiff as she stepped upon the same and threw her violently upon the ground, breaking one of the bones of her left arm and bruising and jamming her left wrist, elbow and shoulder, from which injuries permanent…
1Opinion of the Court
Pennewill, J.,
charging the jury:
Gentlemen of the jury:—This is an action brought by the plaintiff to recover damages for injuries which she sustained in an accident that occured while in the act of leaving a car of the Wilmington City Railway Company, the defendant, at a place called Hillcrest, in this county, on October 1, 1906, and which injuries she alleges were caused by the negligence of the defendant company. The specific act of negligence upon which the plaintiff relies is that the step of the car she was using was permitted by the company to be in an unsafe and insecure condition, so…
2Cited by3 opinions
- Philadelphia, Baltimore & Washington Railroad v. GattaSupreme Court of Delaware · 1913
- Winter v. Pennsylvania RailroadSuperior Court of Delaware · 1948
- Chesapeake & Ohio Railway Co. v. ClarkeCourt of Appeals of Kentucky · 1916