Legal Opinion

Flieth v. Cunningham

Superior Court of Delaware

Decided April 11, 1908No. 46PublishedCited by 2 opinions

to recover damages for personal injuries to plaintiff alleged to have been occasioned by reason, of the failure of the defendant to keep in repair a certain pavement or sidewalk on which his property abutted in the City of Wilmington. Demurrer to Declaration.

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to recover damages for personal injuries to plaintiff alleged to have been occasioned by reason, of the failure of the defendant to keep in repair a certain pavement or sidewalk on which his property abutted in the City of Wilmington. Demurrer to Declaration. The first count of the declaration alleged that “at the time of the committing of the grievances hereinafter mentioned, the defendant above-named was and still is the owner in fee simple of a certain lot of land with the messuage thereon erected, situate on the south-east side of Maryland Avenue, which is a public highway in the City of…

1Per curiam

Demurrer sustained, on the ground that the property owner is liable only upon failure to repair after notice to do so, given in accordance with the statute.

2Cited by2 opinions

  1. Hamilton v. Standard Kid Manufacturing Co.Superior Court of Delaware · 1929
  2. Jackson v. MossSuperior Court of Delaware · 1968

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