1. Home
  2. Browse Decisions
  3. A.2d
  4. 74 A.2d
  5. 74 A.2d 821 (1950)
 

DAVIDSON v. KALMBACHER

74 A.2d 821 (1950)

DAVIDSON v. KALMBACHER et al.

Superior Court of Delaware, New Castle.

July 25, 1950.

Attorney(s) appearing for the Case

David S. Keil (of Keil & Keil), of Wilmington, for plaintiffs.

Thomas Herlihy, Jr. and Morris Cohen, of Wilmington, for defendants.

CAREY, Judge.

If the averments of the fifth defense are true, they present a valid defense of imputed contributory negligence. 7-8 Huddy Automobile Law, 9th Ed., 353. See also Campbell v. Walker, 2 Boyce, 41, 49, 78 A. 605; Igle v. People's Railway Co., 5 Boyce 376, 93 A. 666. It cannot be held, therefore, that they are "redundant, immaterial, impertinent or frivolous". If the averments are so "ambiguous, uncertain and indefinite...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases