Oppenheim v. Wilmington Gas Co.
Superior Court of Delaware
Action on the Case (No. 77, January Term, 1914) by Rosie Oppenheim against the Wilmington Gas Company to recover damages for injuries sustained by plaintiff falling through a cellar doorway in the floor of a house on the premises of plaintiff, by reason of the alleged negligence of a servant of the defendant, while engaged ni and about the business of the defendant company.
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Action on the Case (No. 77, January Term, 1914) by Rosie Oppenheim against the Wilmington Gas Company to recover damages for injuries sustained by plaintiff falling through a cellar doorway in the floor of a house on the premises of plaintiff, by reason of the alleged negligence of a servant of the defendant, while engaged ni and about the business of the defendant company. General demurrer to the declaration in which it is averred in substance that on or about, etc., a servant of the defendant, while engaged in and about the business of the defendant, and in the course of his duty as such…
1Opinion of the Court
Heisel, J.,
delivering the opinion of the court:
Counsel for the demurrer contends that the declaration discloses circumstances, which, if proven, would impute to the plaintiff, contributory negligence as a matter of law. We think evidence could be admitted under the declaration that would not necessarily have that effect, and therefore, the question of contributory negligence is for the trial court to determine, on the evidence produced at the trial.
The demurrer is overruled.
2Cited by1 opinion
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