H. J. Keith Co. v. Booth Fisheries Co.

Citations

• 27 Del. 5
• 4 Boyce 5
• 86 A. 166
• 1912 Del. LEXIS 8

Syllabus

<p>Warehousemen-—Actions—Pleading.</p> <p>In an action against a cold storage warehouse company for damages to eggs claimed to have been caused by its negligence, the description of the warehouse in the declaration as a cold storage warehouse, without any allegation that the eggs were delivered to and accepted by defendant to be kept in a frozen condition, did not show that it was defendant’s duty to keep them in such condition; but a count alleging that defendant well knew that they were required to be kept frozen sufficiently showed such duty.</p>