Hughes v. Connable

Superior Court of Delaware

Hughes v. Connable

64 A. 72, 21 Del. 523, 5 Penne. 523, 1905 Del. LEXIS 54

CourtSuperior Court of Delaware

DecidedDecember 2, 1905

DocketNo. 75

StatusPublished

Cited by3 cases

This text of 64 A. 72 (Hughes v. Connable) 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

Hughes v. Connable, 64 A. 72, 21 Del. 523, 5 Penne. 523, 1905 Del. LEXIS 54 (Del. Ct. App. 1905).

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Opinion

Lore, C. J.:

—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.

We sustain the demurrer as to the fourth and fifth counts.

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Lore, C. J.:

—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.

We sustain the demurrer as to the fourth and fifth counts.

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Bluebook (online)

64 A. 72, 21 Del. 523, 5 Penne. 523, 1905 Del. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-connable-delsuperct-1905.

Opinion

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