Butler v. Wilmington City Railway Co.

Citations

• 25 Del. 262
• 2 Boyce 262
• 78 A. 871
• 1911 Del. LEXIS 33

Syllabus

<p>1. Carriers — Injuries to Passenger — Nature of Action.</p> <p>The gist of an action against a carrier for injuries received by a passenger is negligence.</p> <p>2. Negligence — Nature.</p> <p>“Negligence” is the want of the ordinary care which a reasonably prudent man would exercise under like circumstances.</p> <p>3. Carriers — Injury to Passenger — Burden of Proof.</p> <p>The burden of proof is upon a passenger, seeking to recover against a street railway for personal injuries, to show by a preponde ranee of evidence that defendant’s negligence caused the injuries.</p> <p>4. Carriers — Personal Injuries — Care Required — Passenger.</p> <p>Where a person, with a right to transportation upon one of a street railway’s cars, by mistake enters another, he must be treated as a passenger with respect to his.safety while on it.</p> <p>5. Carriers — Personal Injuries — Presumptions from Injury.</p> <p>No presumption of negligence either on the part of a carrier or passenger arises because of an injury to the passenger when leaving the carrier’s vehicle.</p> <p>6. Carriers — Personal Injuries — Contributory Negligence in General.</p> <p>Where the negligence of one who was injured by a street car company contributed to the injury, that person cannot recover.</p> <p>7. Carriers — Personal Injuries — Care Required Taking up Passengers.</p> <p>When letting passengers on and off, a street car company is bound to stop its cars a reasonable time and use all reasonable care to secure their safety.</p> <p>8. Carriers — Personal Injuries — Care Required in General.</p> <p>A street railway, while not an insurer of the safety of its passengers, is bound to exercise the highest degree of care practicable.</p> <p>9. Pleading — Variance.</p> <p>A plaintiff’s proof, in an action against a street railway for personal injuries, must not vary from the allegations in the declaration.</p> <p>10. Evidence — Weight and Sufficiency — Number of Witnesses.</p> <p>The preponderance of evidence de