Riccio v. Peoples Railway Co.
Superior Court of Delaware
Action on the Case to recover damages for personal injuries to the plaintiff, engaged in laying a gas pipe, alleged to have been occasioned by the negligence of the defendant company in operating its cars on Second Street between Adams and Monroe streets, in the City of Wilmington, on the fourth day of May, A. D. 1911. , The facts appear in the charge of the court.
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Action on the Case to recover damages for personal injuries to the plaintiff, engaged in laying a gas pipe, alleged to have been occasioned by the negligence of the defendant company in operating its cars on Second Street between Adams and Monroe streets, in the City of Wilmington, on the fourth day of May, A. D. 1911. , The facts appear in the charge of the court. At the trial when the plaintiff had rested, counsel for defendant moved for a nonsuit upon the ground that no negligence had been proved on the part of the defendant, and contended that there was no evidence to support any of the…
1Opinion of the Court
Boyce, J.,
delivering the opinion of the court:
We have considered the question before the court as carefully and fully as we could in the limited time we have had; and our conclusion is that in view of the proximity of the several witnesses to the scene of the accident, we think the weight and value of their testimony, respecting any warning of the approach of the *238car to the place of the accident should be left to the jury; and we decline to grant the nonsuit.
Boyce, J.,
charging the jury:
Gentlemen of the jury:—This action was brought by Frangesco Riccio, the plaintiff, against the Peoples…
2Cases cited5 opinions
- Burris v. Jessup & Moore Paper Co.Superior Court of Delaware · 1904
- Heinel v. Peoples Railway Co.Superior Court of Delaware · 1907
- White v. Wilmington City Railway Co.Superior Court of Delaware · 1906
- Hearn v. Wilmington City Railway Co.Superior Court of Delaware · 1910
- Dungan v. Wilmington City Railway Co.Superior Court of Delaware · 1903
3Cited by3 opinions
- Baltimore & Ohio R. R. v. HawkeSupreme Court of Delaware · 1928
- Delaware Coach Co. v. SavageDistrict Court, D. Delaware · 1948
- Grandillo v. Pennsylvania RailroadSuperior Court of Delaware · 1932