Campbell v. Walker

Citations

• 25 Del. 41
• 2 Boyce 41
• 78 A. 601
• 1910 Del. LEXIS 68

Syllabus

<p>1. Highways — Use of Highway — Injuries to Travelers — Care Required.</p> <p>In using a public highway, which is open to the common use of the people, whether using an automobile or other vehicle, all persons are bound to the exercise of reasonable care to prevent accidents, proportioned to the degree of danger in each case.</p> <p>2. Highways — Use of Highway — Right to Use — Automobiles.</p> <p>A traveler has an equal right to employ an automobile as a means of transportation and to occupy the public highways with other vehicles in common use.</p> <p>3. Highways — Injuries on Highway- — Care Required.</p> <p>The operator of an automobile on a public highway may act on the assumption that every other person traveling thereon will exercise ordinary care according to the circumstances, and will not negligently expose himself to danger, and will make an attempt to avoid it.</p> <p>4. Negligence — “Ordinary Care” — Definition.</p> <p>“Negligence” is the want of “ordinary care;” that is, the want of such care as a reasonably prudent and careful person would exercise under similar circumstances.</p> <p>5. Negligence — Elements—Violation of Ordinance or Statute.</p> <p>A violation of a city ordinance or a statute amounts to negligence in law, whether any positive or active negligence be proved or not.</p> <p>6. Highways — Use of Highway — Overtaking and Passing — Violation of Statute.</p> <p>The driver of an automobile, approaching a wagon from the rear on the right-hand side of the road, in violation of 25 Del. Laws, c. 120, §13, requiring the driver of any vehicle overtaking any other vehicle to pass to the left thereof, is guilty of negligence.</p> <p>7. Highways — Use of Highway — Motor Vehicles — Warning.</p> <p>The driver of an automobile, approaching a wagon on a public highway without giving warning of his approach as required by 25 Del. Laws, c. 120, §11, is guilty of negligence.</p> <p>8. Highways — Use of Highway — Injuries to Travelers — Proximate Cause.</p