Public-domain · open source
OpenJurist

32 Del. 479

Lockerman v. Hurlock

Superior Court of Delaware

Decided February 11, 1924

Superior Court of Delaware · decided 1924-02-11

Good law ✅— No negative treatment on recordhow we know

Decided 1924-02-11

How this case has been cited

Cited by 15 later decisions — most recently August 2010

3 federal appellate · 10 state decisions

701924193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Pennewill, C. J.,

¶1charged the jury on the law of negligence, contributor}'- negligence, negligence per se and unavoidable accident. He also charged the jury, in part, as follows:

¶2The law of this state (Chapter 10, vol. 33, Laws of Delaware) provides that no person shall operate a motor vehicle on any of its highways recklessly or at a rate of speed greater than is* reasonable and proper under the circumstances, or so as to cause a collision with the person or property of another, or so as to endanger the life or limb of another. This is, in effect, a statement of the general law, that the driver shall use such care in the operation of his motor vehicle as the circumstances reasonably require, having at all times proper regard for the rights and safety of others.

¶3If you find for the plaintiff, it should be for such sum of money as will reasonably compensate her for any and all damages that she has sustained, or may hereafter sustain by reason of the death of her husband, basing your verdict upon the number of years the deceased would probably have lived had he not been so killed. In measuring damages in this case, you are not to be governed by what would probably have been the gross earnings or income of the deceased, but by what portion of the gross earnings or income the plaintiff would probably have received from the deceased, as his wife, if he had lived.

/32/del/479 · .json · Public domain