Daniels v. Philadelphia & Reading Railway Co.

Citations

• 26 Del. 286
• 3 Boyce 286
• 83 A. 19
• 1912 Del. LEXIS 31

Syllabus

<p>1. Master and Servant—Declaration—Negligence of Master— Railroad Tracks—Safety Appliances.</p> <p>A declaration in an action for damages for the death of a brakeman, which avers that defendant used certain tracks for storing cars, that it negligently omitted to provide a derailing device in connection with one of such side tracks, so that cars placed thereon would not pass close to the main track, such appliances being reasonable, necessary, and proper at that place, and that through such negligence a car on the side track came in contact with a locomotive on the main track, killing plaintiff’s intestate, sufficiently alleges that a derailing device was reasonable and necessary and should have been provided.</p> <p>2. Death—Pleading Foreign Statutes.</p> <p>A declaration in an action for the death of plaintiff's husband, which alleged that defendant was a corporation existing under the laws of Pennsylvania and operated a railroad in that state, on which deceased was employed, and that a statute of that state, then and still in force, provided that when death was caused by negligence, and no action was brought by deceased during his life, his widow might maintain an action for damages for his death, sufficiently set out the statute of Pennsylvania upon which the plaintiff’s right of action was founded.</p>