Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Том 28David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey Mercantile Print. Company, 1916 |
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Страница 150
... trains to the crossing by sounding the whistle , and that it failed to perform its duty in this respect , sufficiently ... train , or if the peculiar conditions surrounding the crossing prevent a traveler using due care and caution from ...
... trains to the crossing by sounding the whistle , and that it failed to perform its duty in this respect , sufficiently ... train , or if the peculiar conditions surrounding the crossing prevent a traveler using due care and caution from ...
Страница 151
... train at a great rate of speed over such crossing , without giving due and timely notice or warning of its approach , was not demurrable for failure to set forth the kind and nature of the warning which defendant failed to give since ...
... train at a great rate of speed over such crossing , without giving due and timely notice or warning of its approach , was not demurrable for failure to set forth the kind and nature of the warning which defendant failed to give since ...
Страница 152
... trains on the railroad going west ; that it was defendant's duty to give due and timely notice and warning of the approach of its trains to said crossing by sounding the whistle attached to the locomotive drawing the train . The ...
... trains on the railroad going west ; that it was defendant's duty to give due and timely notice and warning of the approach of its trains to said crossing by sounding the whistle attached to the locomotive drawing the train . The ...
Страница 153
... trains to the said crossing , and alleges that the defendant failed in its duty in this respect , and particu- larizes the ... train by alleg- ing that due and timely notice was not given , and the rules of pleading do not require him to ...
... trains to the said crossing , and alleges that the defendant failed in its duty in this respect , and particu- larizes the ... train by alleg- ing that due and timely notice was not given , and the rules of pleading do not require him to ...
Страница 154
... trains of said defendant company thereto . " It is thereupon charged that : " The said company negligently failed to ... train . We accept as a principle of law so well settled as to be beyond dispute that a railroad company , in the ...
... trains of said defendant company thereto . " It is thereupon charged that : " The said company negligently failed to ... train . We accept as a principle of law so well settled as to be beyond dispute that a railroad company , in the ...
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accident accused action ad quod damnum affidavit aforesaid alleged amended to 1893 amount application assault ASSUMPSIT attorney authority automobile averred bank Castle County cause circumstances City of Wilmington claim common law contract contributory negligence corporation counsel CRIMINAL crossing damages declaration decree nisi deed defendant company defendant's Delaware delivering the opinion demurrer dollars duty Edward Farrell ejectment entitled error evidence execution facts farm fee simple filed garnishee guilty HEISEL hundred indictment interest issued judgment Kent County land landowner license lien liquor ment motion murder negligence offense owner party passenger payment PENNEWILL PERSONAL INJURIES plaintiff plaintiff in error plea pleading possession question railroad real estate reasonable recover Revised Code rule scire facias Section statement statute street sufficient Superior Court Sussex County sustained taxes tenant Term testimony thereof tiff tion trespass trial trust verdict warrant witnesses writ
Популарни одломци
Страница 148 - That the common carrier, railroad, or transportation company issuing such receipt or bill of lading shall be entitled to recover from the common carrier, railroad, or transnortation company on whose line the loss, damage, or injury shall have been sustained the amount of such loss, damage, or injury as it may be required to pay to the owners of such property, as may be evidenced by any receipt, judgment, or transcript thereof.
Страница 669 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Страница 148 - Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Страница 294 - ... the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.
Страница 496 - No person shall be held liable for any violation of this section if he shows by a preponderance of the evidence that at the time of the alleged violation he maintained reasonable procedures to assure compliance with the provisions of subsections (a) and (b).
Страница 452 - No will made within this state, except such nuncupative wills as are mentioned in the following section, shall be effectual to pass any estate, whether real or personal, nor to charge or in any way affect the same, unless it be in writing and signed by the testator or by some person in his presence, and by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses...
Страница 460 - That if any Person shall attest the Execution of any Will to whom or to whose Wife or Husband any beneficial Devise, Legacy, Estate, Interest, Gift, or Appointment, of or affecting any Real or Personal Estate (other than and except Charges and Directions for the Payment of any Debt or Debts), shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting 'the Execution of such Will...
Страница 55 - ... a. When, at the time the cause of action arose, either party was a bona fide resident of this state, and has continued so to be down to the time of the commencement of the action; except that no action for absolute divorce shall be commenced for any cause other than adultery or bigamy, unless one of the parties has been for the two years next preceding the commencement of the action a bona fide resident of this state.
Страница 155 - The doctrine with reference to injuries to those crossing the track of a railway, where the right to cross exists, is that the company must use such reasonable care and precaution as ordinary prudence would indicate. This vigilance and care must be greater at crossings in a populous town or city than at ordinary crossings in the country. So what is reasonable care and prudence must depend on the facts in each case.
Страница 311 - I therefore close for the present the case of the government. [The court then took a recess for half an hour.] The district attorney having closed his case, the counsel for the defence said they had no testimony to offer.