JONES v. PENNSYLVANIA RAILROAD COMPANY


123 A.2d 111 (1956)

John R. JONES v. The PENNSYLVANIA RAILROAD COMPANY, a Foreign Corporation.

Superior Court of Delaware, Sussex.

May 24, 1956.


Attorney(s) appearing for the Case

Everett F. Warrington, Georgetown, for plaintiff.

James M. Tunnell, Jr. (of Tunnell & Tunnell), Georgetown, for defendant.


CAREY, Judge.

This is an action for damages on account of the death of plaintiff's wife, who was killed in a collision between defendant's train and a car driven by the plaintiff in which his wife was a passenger. The jury was told, over plaintiff's objection, that contributory negligence, if any, of the plaintiff himself would constitute a defense. The jury returned a verdict for the defendant, and plaintiff has moved for a new trial upon the ground that the Court...

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