Superior Court of Delaware, 1903

Newton v. Peoples Railway Co.

Newton v. Peoples Railway Co.
Superior Court of Delaware · Decided June 1, 1903 · Lore
20 Del. 350; 4 Penne. 350; 55 A. 2; 1903 Del. LEXIS 32

Counsel

Levin F. Melson for plaintiff., William S. HiUes for defendant.

Newton v. Peoples Railway Co.

Opinion of the Court

Lore, C. J.:

We think these counts averring insufficient brakes and other appliances to stop said car ” are too general. The narr must specify the particular appliance that caused the injury, and especially how the injuries were received—by falling, jumping, being struck or otherwise, which is within the plaintiff’s knowledge.

We sustain the demurrer.

Upon the election of plaintiff’s counsel, let judgment of respondeat ouster be entered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.