Riedel v. Wilmington City Railway Co.
This text of 64 A. 257 (Riedel v. Wilmington City Railway 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.
Opinion
—The Court have considered this demurrer. In [576]*576the third count the plaintiff alleges that the car was moving, but the declaration fails to allege that that was the cause of the injury to the plaintiff. It is a general averment that the defendant company was moving the car negligently and carelessly. Therefore it comes within the ruling in the case of King vs. The Wilmington and New Castle Electric Railway. We sustain the demurrer to the first and third counts. Plaintiff’s counsel admits that the second and fourth counts are bad. Therefore the demurrer is sustained as to all of the four counts.
Demurrer sustained.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
64 A. 257, 21 Del. 572, 5 Penne. 572, 1905 Del. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riedel-v-wilmington-city-railway-co-delsuperct-1905.