Wright v. Wilmington City Railway Co.

Citations

• 16 Del. 141

Syllabus

<p>Pleading. Release.—To a plea of release, the reply must be non est factum, if the execution is denied, or that it was obtained by fraud or duress if that is the defense relied on.</p> <p>Same.—When a release is pleaded, a special replication is required, and if the plaintiff elects to stand upon the general entry of replications and issues, he can introduce no evidence against the release, the mere proof of the execution of which entitles the defendant to a nonsuit.</p> <p>Master and Servant. Pleading. Evidence.—In an action for damages received by an employe by reason of defective appliances, the specific defects relied on-must be alleged and the proof will be confined to them.</p> <p>Practice. Special Jury.—Where a special jury was asked for by the defendant, and a nonsuit was granted, upon grounds which prevented a trial on the merits, the cost of the jury will not be taxed against the plaintiff, since the trial did not disclose whether it was a case proper to be tried by a special jury.</p>