Betts v. Wilmington City Railway Co.

Citations

• 19 Del. 448
• 3 Penne. 448
• 53 A. 358
• 1902 Del. LEXIS 4

Syllabus

<p>Case—Personal Injuries—Electric Railway—Negligence Per se ; Stopping Car ; Alighting Therefrom— Usual Stopping Places —Common Carriers ; Rights and Duties of j Also of Passengers—Measure of Damages.</p> <p>i. Common carriers of passengers are required in the preparation, conduct and management of their means of conveyance to exercise every degree of care, diligence and skill which a reasonable man would use under such circumstances. This obligation is imposed on them as a public duty, and by their contract, to carry safely, as far as human care and foresight will reasonably admit. They are bound to provide skillful and careful servants, competent in every respect for the posts they are appointed to fill in their service.</p> <p>2 A street railway company in letting its passengers on and off its cars, is bound to stop its cars, and wait a reasonable time for the passengers to get on or off at its usual stopping places; and also to use and exercise all reasonable care to secure the safety of the passengers. If a conductor fails to stop at the usual stopping place, in compliance with a passenger’s request, but after passing such place slows up at an unusual stopping place in such manner as to clearly invite the passenger to alight, and the passenger under such circumstances attempts to get off, reasonably within the knowledge of the conductor, it is his duty not to cause the car to start up or jerk so as to endanger the safety of the passenger. A common carrier, however, is not an insurer of the safety of its passengers, but is only responsible for its own negligence, in case of injury.</p> <p>3. The passenger must use the means provided for his safe transportation, with reasonable circumspection and care, and if his negligent act contributes to bring about the injury of which he complains, he cannot recover. It is his duty also to see that the car has stopped, and that he may safely get on or off the car. The care should be in proportion to the risk to be incurred