Cooper v. Ajax Distributors, Inc.

Superior Court of Delaware

Cooper v. Ajax Distributors, Inc.

192 A. 614, 38 Del. 361, 8 W.W. Harr. 361, 1937 Del. LEXIS 37

CourtSuperior Court of Delaware

DecidedMay 4, 1937

DocketNo. 70

StatusPublished

Cited by1 cases

This text of 192 A. 614 (Cooper v. Ajax Distributors, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cooper v. Ajax Distributors, Inc., 192 A. 614, 38 Del. 361, 8 W.W. Harr. 361, 1937 Del. LEXIS 37 (Del. Ct. App. 1937).

Pincite

Opinion

Layton, C. J.,

delivering the opinion of the Court:

The purpose of a declaration is to inform the defendant of the charge that he has to meet and, therefore, what negligent acts are relied on by the plaintiff.

The mere allegation that the defendant operated his motor vehicle “without having the same under full and complete control” is not sufficient to comply with this rule.

If the plaintiff relies on lack of control because of the speed at which the defendant drove his car, or otherwise, that fact should have been alleged. Campbell v. Walker, 1 Boyce 580, 76 A. 475.

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