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Georgeanna Newton vs. Peoples Railway Company, a corporation under the laws of the State of Delaware

Delaware Superior Court1903-06-01No. No. 109
4 Penne. 35020 Del. 350

Authorities cited

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Opinion

majority opinion

Lore, C. J.:

We think these counts averring “ insufficient brakes and other appliances to stop said car ” are too general. The narr must specify the particular appliance that caused the injury, and especially how the injuries were received—by falling, jumping, being struck or otherwise, which is within the plaintiff’s knowledge. We sustain the demurrer.

Upon the election of plaintiff’s counsel, let judgment of respondeat ouster be entered.