Action on the Case

to recover damages for personal injuries to the plaintiff alleged to have been caused by being run over by the automobile of the defendant by reason of the negligent running of the same by said defendant.

Demurrer.

The plaintiff’s narr consisted of five counts, the third, fourth and fifth of which were demurred to by defendant. Said third count, omitting the formal parts, was as follows :

“ 3. For that whereas heretofore, to wit. at the time of committing the grievances hereinafter mentioned and set forth, on or about the twenty-sixth day of November, A. D. 1904, at New Castle County, aforesaid, Frank L. Connable, the defendant, so negligently and carelessly operated and ran an automobile, or Stanley Steam Car, in a southerly direction along a certain public road or street in the city of Wilmington, New Castle County and State of Delaware, commonly known as Market street, while the said plaintiff was then and there traveling in the opposite direction along said road or street riding on a bicycle, using due care and caution on his part, that said automobile or Stanley Steam Car, on said Market Street, near the intersection thereof with Seventh street, struck, ran over and injured said plaintiff as hereinafter set forth and mentioned. Said plaintiff avers that the said above-mentioned carelessness and negligence of the defendant consisted in this, as follows to wit: That said defendant negligently and carelessly operated and ran the said automobile or Stanley Steam Car in between the plaintiff, riding as aforesaid, and a vehicle which was then and there standing still on the easterly side of said Market street near the curb thereof and which vehicle was shutting off the vision of the plaintiff in that direction, when the space between the plaintiff and the said vehicle was too short for either the bicycle of the plaintiff or the automobile of the defendant to be stopped so as to avoid a collision between the two, and in consequence thereof, the said automobile or Stanley Steam Car, struck, knocked down and ran over said plaintiff, who was then and there using due care and caution on his part, and by reason of the premises, the said plaintiff was greatly hurt, crushed, bruised and injured, in his back, arms, legs, sides, head, spinal column and internal organs, and became sick, sore, lamed and disordered and so remained and continued for a long space of time, to wit, hitherto,” etc.

In the fourth count the negligence alleged was as follows :

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Citation profile

How this case has been treated — in progress