Valerii v. Breakwater Co.

Citations

• 26 Del. 196
• 84 A. 222
• 3 Boyce 196
• 1912 Del. LEXIS 19

Syllabus

<p>1. Pleading—Declaration—Allegations of Negligence—Certainty .</p> <p>Allegations in a declaration that defendant negligently and carelessly furnished an employee with “unsafe cars”, “unsafe tracks”, and “unsafe cars and tracks”, were insufficient, as too general.</p> <p>2. Pleadinó—Declaration—Duplicity.</p> <p>Allegations in a declaration that defendant furnished an employee cars loaded with stone in a specifically unsafe manner, and furnished unsafe tracks upon which the car was to be moved, whereby the car was caused to jump the track, is not demurrable, as being duplicitous, since it merely alleges two facts operating together to cause one accident.</p> <p>3. Master and Servant—Action for Injuries—Declaration—Allegations of Negligence.</p> <p>A declaration alleging that an employer furnished an employee cars loaded with stone in such a manner that the equilibrium of the car might be easily disturbed, and furnished unsafe tracks upon which the car was to be moved, whereby the car was caused to jump the track, was not demurrable, as not showing that the tracks were not reasonably safe for the purpose for which intended.</p> <p>4. Master and Servant—Action for Injuries—Declaration—Allegations of Negligence.</p> <p>Such declaration was not demurrable, as not showing whether it was based on the failure to furnish reasonably safe tracks, or on the negligence in loading the car; it sufficiently appearing that it was based on the defendant’s default in furnishing unsafe tracks, and in furnishing a car unsafely loaded.</p> <p>5. Master and Servant—Action for Injuries—Declaration—Allegations of Negligence.</p> <p>Such declaration was not demurrable, as not showing that, if the' car had been properly loaded by defendant’s co-servants, the tracks would not have been reasonably safe, since to hold it demurrable it would be necessary to assume that the car was loaded by the employee’s fellow servants, while the complaint directly alleged that the car was furnished unsafely