21 Del. 523
Decided December 2, 1905
Superior Court of Delaware · decided 1905-12-02
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.
Cited by 2 later decisions — most recently June 1938
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1905-12-02
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¶1—We overrule the demurrer to the third count, and hold that that count is sufficient. It does put the plaintiff in the position where he could not see the defendant in the exercise of due diligence, behind a vehicle standing in the way, and avers that the defendant carelessly and negligently came into that place when there was no opportunity to avert a collision. We think upon that showing that the third count is sufficient.
¶2We sustain the demurrer as to the fourth and fifth counts.