Gardner v. Wilmington & Philadelphia Traction Co.

Citations

• 30 Del. 521
• 7 Boyce 521
• 108 A. 740
• 1920 Del. LEXIS 38

Syllabus

<p>1. Railroads—Count for injury by operation of trolley cars at crossING INSUFFICIENT.</p> <p>_ In action for injuries to an occupant of automobile in collision at crossing, count alleging that defendant negligently operated trolley car in a southerly direction on a track ordinarily used for cars traveling in opposite direction causing collision, without alleging that defendant failed to sound gong, or give other suitable warning of approach of car, held not to state cause of action.</p> <p>2. Railroads—Count for injury at crossing by operation of trolley cars without warning sufficient.</p> <p>In action for injuries to occupant of automobile in collision at crossing, allegations that defendant negligently operated trolley car in a southerly direction upon the north-bound track, and negligently failed to have a watchman at such crossing or give any other suitable warning of approach of car, causing collision with automobile, held to state cause of action.</p>