Braunstein v. Peoples Railway Co.

Citations

• 25 Del. 55
• 2 Boyce 55
• 78 A. 609
• 1910 Del. LEXIS 70

Syllabus

<p>1. Carriers — Negligence—Presumption.</p> <p>Where a car belonging to defendant, on which plaintiff was a passenger, ran off the track, the presumption is that defendant was negligent; but the presumption may be rebutted by proof that the accident was not caused by any negligence or want of care on the defendant’s part.</p> <p>2. Carriers — Personal Injuries — Negligence.</p> <p>Where a passenger is injured through the negligence of a railway company in operating its trains so that a car ran off the tracks, the railway company is liable for damages.</p> <p>3. Carriers — Negligence—Evidence.</p> <p>In an action by a passenger against a railway company for personal injuries, the burden of proof is upon the plaintiff to show that the injuries were due to the negligence of defendant, and constituted the proximate cause of the injuries complained of.</p> <p>4. Carriers — Personal Injuries — Insurance of Safety.</p> <p>While a common carrier is required to exercise every degree of care in the preparation, conduct, and management of their cars that a reasonable man would use under like circumstances, and is responsible for any negligence in transporting passengers, it is not an insurer of their safety.</p> <p>5. Negligence — What Constitutes.</p> <p>Negligence is the want of such care as a reasonably prudent and careful man would use under similar circumstances.</p> <p>6. Carriers — Ordinary Care — What Constitutes</p> <p>Ordinary care in managing railway cars in motion imports all the. care which the peculiar circumstances of theplace or occasion reasonably require, and this will be increased or diminished as danger of accident is increased or diminished.</p> <p>7. Carriers — Care Required — Condition and Management of Road. It is the duty of a railway company to keep its road and cars in proper condition, to have them under proper control, and to slow up where danger is imminent, and where by so doing accident can be avoided, and to have, in the management of its cars