Anderson v. Mayor & Council
Superior Court of Delaware
to recover damages for personal injuries to plaintiff, and also for injuries to his horse, by reason of the alleged negligence of the defendant. At the trial, when the first juror residing in the City of Wilmington was called, Hastings, for plaintiff, objected to said juror as incompetent to serve, on the ground that he was a citizen of Wilmington and therefore interested as a taxpayer in any verdict that might be rendered against the city.
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to recover damages for personal injuries to plaintiff, and also for injuries to his horse, by reason of the alleged negligence of the defendant. At the trial, when the first juror residing in the City of Wilmington was called, Hastings, for plaintiff, objected to said juror as incompetent to serve, on the ground that he was a citizen of Wilmington and therefore interested as a taxpayer in any verdict that might be rendered against the city. The Court held that while jurors had been excused theretofore upon such a ground, yet that there was no good reason for following such a rule, and…
1Opinion of the Court
Spruance, J.,
charging the jury:
Gentlemen of the jury:—This action was brought by the plaintiff, Lewis Anderson, against the defendant, the Mayor and Council of Wilmington, a municipal corporation of this State, to recover damages for injuries to the plaintiff and his horse, alleged to have been occasioned by the negligence of the defendant.
It appears from the evidence and is not denied that on the 24th day of December, 1905, the plaintiff was driving in a buggy or road cart along Third Street near Woodlawn Avenue, in this City, when his horse stepped or fell into a hole in said street,…
2Cited by4 opinions
- City of Key West v. BaldwinSupreme Court of Florida · 1915
- Newton v. GretterNorth Dakota Supreme Court · 1931
- McCarthy v. Mayor & Council of WilmingtonSuperior Court of Delaware · 1953
- Gilmore v. Commissioners of RehobothSuperior Court of Delaware · 1937