Behen v. Philadelphia, Baltimore & Washington Railroad

Citations

• 28 Del. 389
• 5 Boyce 389
• 93 A. 903
• 1915 Del. LEXIS 19

Syllabus

<p>Í. Carriers—Carriage of Passengers—Personal Injuries to Passenger—“Negligence”—Burden of Proof.</p> <p>In an action by a passenger against a railroad for personal injuries received while leaving a train, the burden of proving the carrier's negligence, was on plaintiff; “negligence” being failure to exercise such care as a reasonably careful person would use under similar circumstances.</p> <p>2. Carriers—Carriage of Passengers—Personal Injuries to Passenger—Negligence—Burden of Proof.</p> <p>In an action by a passenger against a railroad for personal injuries received while leaving a train, proof of negligence other than that alleged in the complaint, the negligent starting of the train without warning, could sustain no recovery; the burden of proof being on plaintiff, unaided by presumption, to show the particular negligence alleged.</p> <p>3. Carriers—Carriage of Passengers—Personal Injuries to Passenger—Contributory Negligence.</p> <p>There could be no recovery against a common carrier of passengers for personal injuries received in leaving a train, where the negligence of plaintiff as, by failing to exercise reasonable diligence, was the proximate or direct cause of the accident.</p> <p>4. Carriers—Carriage of Passengers—Setting Down Passengers— Duty of Railroad.</p> <p>While in setting down passengers a railroad company must stop its train and wait a reasonable time at usual stopping places, passengers must act with prudence and use the means provided for their carriage with reasonable care; the reasonableness of the conduct of each party depending on all the circumstances of the case.</p> <p>5. Carriers—Carriage of Passengers—Setting Down Passengers.</p> <p>In an action by a passenger against a railroad for personal injuries received while leaving a train, if the train stopped for a time reasonably sufficient to allow plaintiff to get out safely, and he did not avail himself of the opportunity, but voluntarily got off after the train had started without dir