Legal Opinion

Wilman v. Peoples Railway Co.

Superior Court of Delaware

Decided February 17, 1903No. 145PublishedCited by 1 opinion

Action on the case for damages for personal injuries, also for injuries to horse and wagon and loss of milk, occasioned by a collision of a car of the defendant company with the milk wagon of the plaintiff, on East Second Street in the city of Wilmington.

1Opinion of the Court

Boyce, J.,

charging the jury:

Gentlemen of the jury:—This action is brought for the recovery of damages for injuries to the person and property of the plaintiff, alleged to have been sustained by him by reason of the negligence of the defendant company. The issue presented is essentially one of fact to be determined by you from the evidence as disclosed by the witnesses

In a case like this, the right of action by the plaintiff rests upon the negligence, if any, of the defendant. It is, therefore incumbent upon the plaintiff to establish, by a preponderance of the evidence, that the injuries…

2Cases cited1 opinion

  1. Lewis v. M'GeeCourt of Appeals of Kentucky · 1818

3Cited by1 opinion

  1. Turner v. VineyardSupreme Court of Delaware · 1951

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