Weldon v. Philadephia, Wilmington & Baltimore Railroad
Superior Court of Delaware
to recover damages for personal injuries alleged to have been received by plaintiff August 8th, 1895, on the easterly side track of the defendant company, at Townsend, Delaware. The facts sufficiently appear in the charge of the Court. At the conclusion of plaintiff’s testimony, the defendant moved for a nonsuit on two grounds, viz: First. That the plaintiff had not shown that there was any negligence on the part of the defendant company. Second.
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to recover damages for personal injuries alleged to have been received by plaintiff August 8th, 1895, on the easterly side track of the defendant company, at Townsend, Delaware. The facts sufficiently appear in the charge of the Court. At the conclusion of plaintiff’s testimony, the defendant moved for a nonsuit on two grounds, viz: First. That the plaintiff had not shown that there was any negligence on the part of the defendant company. Second. That the plaintiff contributed to the accident by his own negligence. After an extended argument, occupying more than a day, the. Court rendered the…
1Opinion of the Court
Lore, C. J.,
charging the jury:
Gentlemen of the jury:—John Weldon, the plaintiff in this action, claims that on the eighth day of August, 1895, he was ten years, nine months and thirteen days old. That between four and five o’clock on the afternoon of that day, in running away from a drunken man in the town of Townsend in this county, he ran upon the easterly siding or track of the railroad of the defendant company, into an opening between two cars standing on the siding, at or near the point where Gray street of the said town intersects the said railroad. That the cars on the siding were…
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