Skonieczny v. Churchman
Citations
- 23 Del. 226
- 7 Penne. 226
- 78 A. 634
- 1905 Del. LEXIS 6
Syllabus
<p>Action for Death of a Child—Negligence—Driver of a Wagon— Public Highway—Damages.</p> <p>In an action to recover damages for the death of a child, the plaintiff in order to recover must satisfy the jury that the death resulted from the failure of the driver of the wagon which caused the accident, to exercise such care as an ordinarily careful and prudent man would exercise under the same circumstances, and that death resulted from the want of such care on his part: In other words, if the driver was exercising such care and precaution as an ordinarily prudent man would exercise in passing along the street, under the conditions and surroundings at the time as disclosed by the evidence, the plaintiff could not recover.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing precursor to section 62-3-620 and defining “executor de son tort” as “[i]f a stranger takes upon himself the office of executor by intrusion, not being so constituted by the demand nor appointed administrator” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Lore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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