Brown v. Green & Flinn, Inc.

Citations

• 29 Del. 449
• 6 Boyce 449
• 100 A. 475
• 1917 Del. LEXIS 18

Syllabus

<p>1. Master and Servant—Third Person’s Injury—Automobile Accident—Allegation of Negligence.</p> <p>Allegations of negligence, in that defendant permitted his motor truck to be operated by an unskilled and incompetent servant whereby plaintiff was run into and injured, held sufficient.</p> <p>2. Negligence—Driving Motor Truck Without License.</p> <p>Since driving a motor truck without license is prohibited by statute, it will constitute negligence per se; but to ctinstitute actionable negligence there must be shown a causal connection between such act and the injury resulting.</p> <p>3. Master and Servant—Third Person’s Injury—Driving Motor Truck without License.</p> <p>Allegation that “plaintiff * * * by and through the negligence of the said defendant in permitting its said servant to operate said truck upon said road without a license * * * was run into,” etc., held insufficient for failing to show connection between the act alleged and the injury.</p>