Beck v. Bethlehem Loading Co.

Citations

• 30 Del. 470
• 7 Boyce 470
• 108 A. 141
• 1919 Del. LEXIS 57

Syllabus

<p>1. Pleading—Duplicity of counts.</p> <p>In action for death of plaintiff’s intestate due to alleged negligence of Operator of automobile in approaching intersection of roads, counts charging negligence held not demurrable on the ground of duplicity in view of rule that mere diversity of facts set up in a count will not render it double when all the facts taken together tend to the statement of one point or ground of recovery.</p> <p>2. Pleading—Special traverse not available for new matter.</p> <p>Demurrer to special traverse will be sustained, where it does not clearly appear why the matter set up in the inducement cannot be shown or proven under a common traverse, the modem practice being to discourage the use of special traverse where the new matter alleged may be shown under the general ÍSSU6.</p>