Oppenheim v. Wilmington Gas Co.

Superior Court of Delaware

Oppenheim v. Wilmington Gas Co.

93 A. 553, 28 Del. 324, 5 Boyce 324, 1915 Del. LEXIS 7

CourtSuperior Court of Delaware

DecidedMarch 8, 1915

StatusPublished

Cited by1 cases

This text of 93 A. 553 (Oppenheim v. Wilmington Gas Co.) 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

Oppenheim v. Wilmington Gas Co., 93 A. 553, 28 Del. 324, 5 Boyce 324, 1915 Del. LEXIS 7 (Del. Ct. App. 1915).

Pincite

Opinion

Heisel, J.,

delivering the opinion of the court:

Counsel for the demurrer contends that the declaration discloses circumstances, which, if proven, would impute to the plaintiff, contributory negligence as a matter of law. We think evidence could be admitted under the declaration that would not necessarily have that effect, and therefore, the question of contributory negligence is for the trial court to determine, on the evidence produced at the trial.

The demurrer is overruled.

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Heisel, J.,

delivering the opinion of the court:

Counsel for the demurrer contends that the declaration discloses circumstances, which, if proven, would impute to the plaintiff, contributory negligence as a matter of law. We think evidence could be admitted under the declaration that would not necessarily have that effect, and therefore, the question of contributory negligence is for the trial court to determine, on the evidence produced at the trial.

The demurrer is overruled.

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Bluebook (online)

93 A. 553, 28 Del. 324, 5 Boyce 324, 1915 Del. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oppenheim-v-wilmington-gas-co-delsuperct-1915.

Opinion

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