Oppenheim v. Wilmington Gas Co.

Citations

• 28 Del. 324
• 5 Boyce 324
• 93 A. 553
• 1915 Del. LEXIS 7

Syllabus

<p>Negligence—Contributory Negligence—Pleading.</p> <p>A declaration charged, first, that defendant’s servant, while engaged in defendant’s business, left open a trapdoor in plaintiff’s premises, negligently and carelessly; second, that such door was left open, unguarded, an unreasonable length of time; third, that defendant’s servant negligently and carelessly failed to close the door; fourth, that he failed to close the door within a reasonable time; fifth, that he failed to leave the cellar within a reasonable time and to close the door upon leaving it—with three other similar counts. They did not allege that defendant’s servant had permission, to enter premises, but the last count alleged that defendant’s servant entered the premises without any permission, and negligently and carelessly failed to close the door. Held, that the declaration was not demurrable, as _ showing that the plaintiff was guilty of contributory negligence.as a matter ' of law in falling through such open door.</p>