Padley v. Director General of Railroads

Citations

• 30 Del. 394
• 7 Boyce 394
• 108 A. 34
• 1919 Del. LEXIS 44

Syllabus

<p>1. Railroads—Complaint in crossing accident alleging absence of WATCHMAN SUFFICIENT.</p> <p>Count of declaration for accident at railroad crossing, alleging that defendant, to the knowledge of deceased, had been accustomed to maintain a watchman there to give warning of approaching trains, but at time of commission of grievances had negligently suffered watchman to leave his post, was not bad for not alleging custom to maintain watchman at hour of accident; this being matter of proof.</p> <p>2. Railroads—Complaint in crossing accident alleging omission of MEANS OF WARNING SUFFICIENT.</p> <p>Counts of declaration for crossing accident, which, after alleging the dangerous character of the crossing, averred that because thereof it was defendant’s duty to maintain a watchman or safety gates, or other sufficient means of warning, but it negligently omitted to do either, held good.</p>