Grier v. Samuel

Citations

• 27 Del. 74
• 4 Boyce 74
• 85 A. 759
• 1913 Del. LEXIS 12

Syllabus

<p>1. Municipal Corporations—Streets—Injury to Pedestrians—Law of the Road.</p> <p>A pedestrian, injured by an automobile which is being driven on the left-hand side of a public highway, is prima facie entitled to recover.</p> <p>2. Pleading—Anticipating Defenses.</p> <p>The declaration in a pedestrian's action for injuries from being struck by an automobile driven on the left-hand side of a public road was not demurrable for failure to allege that the presence of the automobile on the wrong side was not due to circumstances consistent with proper caution on the part of defendant’s servant who was driving; this being a matter of defense.</p>