Mills v. Wilmington City Railway Co.

Citations

• 15 Del. 269

Syllabus

<p>Negligence. Highway.—Blasting rocks on or near a public highway is in itself dangerous work, and persons engaged therein must use care in proportion to-the danger; and it must be such care as ordinarily prudent persons would use in like cases.</p> <p>Pleading. Variance. Highway.—Where the declaration describes the place where the accident happened as a public road, and the proof is that it was a. turnpike road or highway, the variance is not fatal.</p> <p>Physical Examination. Evidence.—A person seeking to recover for personal injuries cannot be compelled to submit to an examination by physicians, nor to exhibit the injured part of his body to the jury.</p> <p>Highway.—Persons lawfully on a highway have a right to its use without molestation or hindrance, with the limitation that such use is subject to reasonable interruption for purposes of construction or repair.</p>