Gatta v. Philadelphia, Baltimore & Washington Railroad
Superior Court of Delaware
Action for damages for death of plaintiff’s husband, alleged to have been occasioned through the negligence of the defendant company. At the trial, after the jury had been sworn and before proceeding to hear any testimony in the case, counsel for the plaintiff stated to the court that they relied wholly upon the amended declaration heretofore filed.
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Action for damages for death of plaintiff’s husband, alleged to have been occasioned through the negligence of the defendant company. At the trial, after the jury had been sworn and before proceeding to hear any testimony in the case, counsel for the plaintiff stated to the court that they relied wholly upon the amended declaration heretofore filed. Whereupon counsel for the plaintiff called the court’s attention to the fact that the amended declaration was filed on the twenty-first day of January, A. D. 1910, more than one year after the death of the plaintiff’s husband, on the twenty-eighth…
1Opinion of the CourtBoyce, J.
charging the jury:
Gentlemen of the jury: — The court decline to give you bind*554ing instructions to find for the defendant, and submit this case to you for your determination under the evidence before you and the law which we will announce to you.
This action was brought by Frances Theresa Gatta, the plaintiff, against the Philadelphia, Baltimore and Washington Railroad Company, the defendant, to recover damages for the death of Charles Gatta, her husband, alleged to have been occasioned by the negligence of the defendant company. The material allegations in the plaintiff’s amended declaration,…
2Cases cited1 opinion
- Gatta v. Philadelphia, Baltimore & Washington Railroad Co.Superior Court of Delaware · 1910
3Cited by10 opinions
- Storey v. CamperSupreme Court of Delaware · 1979
- McCloskey v. McKelveySuperior Court of Delaware · 1961
- O'Toole v. United StatesCourt of Appeals for the Third Circuit · 1957
- Gray v. Pennsylvania RailroadSuperior Court of Delaware · 1927
- Handy v. Uniroyal, Inc.District Court, D. Delaware · 1971
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