Loteman v. Peoples Railway Co.

Citations

• 24 Del. 588
• 1 Boyce 588
• 76 A. 478
• 1910 Del. LEXIS 58

Syllabus

<p>Count Averring Negligence—Collision of Street Car With Vehicle— Statement of Facts—Sufficiency.</p> <p>1. In a count which does not show by what acts or in what respect the defendant “negligently and carelessly operated and ran one of its cars” when the car struck the horse and wagon, and does not show by what acts or in what respect “through the negligence and carelessness of the defendant” the car thereafter dragged the horse and wagon into collision with the plaintiff’s cart, it is impossible, in the absence of a statement of any facts of negligence that contributed to either collision, for the defendant to know, or for the Court to determine, first, what act of negligence caused either collision, and second, whether there was one act of negligence that caused the first collision and another act that caused the second collision, or whether the act of negligence that caused the first was continuing and was the same act that caused the second; and such a count is demurrable</p> <p>2. A count averring that the defendant ‘ ‘so negligently and carelessly omitted and neglected to use proper care and caution in operating and running one of its cars” that the first collision mentioned therein occurred, and “thereupon and after the said collision had occurred, did through the negligence and carelessness of the said defendant, carry and drag the said horse and wagon along whereby the said wagon or dearborn was pushed violently against the plaintiff’s cart, etc., is demurrable.</p> <p>The rule announced in Campbell vs. Walker, {ante) was followed.</p>