Brown v. Schendelman

Pennewill, C. J.,

delivering the opinion of the court:

This action was brought by the plaintiff for the death of his intestate, which occurred when the intestate, an infant four years of age, was burned, as alleged, in a fire kindled in an open lot in the City of Wilmington by the defendant’s servant. The plaintiff’s declaration consists of five counts. The defendant has moved that the second count be stricken out for the reason that it is substantially identical with the third count, and has demurred specially to the fifth count.

Are the second and third counts so similar that they cannot both…