Reed v. Guessford
Superior Court of Delaware
Action of trespass before a Justice of the Peace by Willard Reed against John W. Guessford for direct and immediate injury to plaintiff’s automobile. Judgment, for plaintiff. Defendant appeals. On special demurrer to second count of pro-narr. Demurrer overruled. Trial by jury. Verdict for plaintiff.
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Action of trespass before a Justice of the Peace by Willard Reed against John W. Guessford for direct and immediate injury to plaintiff’s automobile. Judgment, for plaintiff. Defendant appeals. On special demurrer to second count of pro-narr. Demurrer overruled. Trial by jury. Verdict for plaintiff. The plaintiff, owner and in possession of his automobile, at the time of the alleged trespass, averred in the second count of his pro-narr., in substance, that he was riding in and along a certain public highway leading from Mt. Pleasant to Middletown in a motor vehicle, commonly called an…
1Opinion of the Court
Heisel, J.,
delivering the opinion of the Court:
[1] This is a special demurrer to the pro-narr.; the reasons for the demurrer being that it appears from pro-narr. that the Justice of the Peace did not have jurisdiction of the cause of action, and that it does not appear that defendant drove his motor vehicle into and against the motor vehicle of the plaintiff purposely or willfully and that such driving was not purely accidental or the result of negligence.
*230The plaintiff in his pro-narr, alleges that while he was driving an automobile along a public highway in this county, the defendant driving…
2Cases cited2 opinions
- Sherwood Ice Co. v. U. S. Casualty Co.Supreme Court of Rhode Island · 1917
- Howell v. WoodSuperior Court of Delaware · 1916
3Cited by2 opinions
- Townsend v. HarmonSuperior Court of Delaware · 1933
- Pacific Mutual Life Ins. Co. v. Tetirick, Gdn.Supreme Court of Oklahoma · 1938