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Louise Riedel vs. The Wilmington City Railway Company, a corporation of the State of Delaware

Delaware Superior Court1905-03-15No. No. 60
5 Penne. 57221 Del. 572

Authorities cited

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Opinion

majority opinion

Lore, C. J.:

—The Court have considered this demurrer. In the third count the plaintiff alleges that the car was moving, but the declaration fails to allege that that was the cause of the injury to the plaintiff. It is a general averment that the defendant company was moving the car negligently and carelessly. Therefore it comes within the ruling in the case of King vs. The Wilmington and New Castle Electric Railway. We sustain the demurrer to the first and third counts. Plaintiff’s counsel admits that the second and fourth counts are bad. Therefore the demurrer is sustained as to all of the four counts.

Demurrer sustained.