Cecchi v. Lindsay

Citations

• 24 Del. 185
• 1 Boyce 185
• 75 A. 376
• 1910 Del. LEXIS 16

Syllabus

<p>Personal Injuries—Automobile—Infant six years of age—Intersection of Streets—Excessive Speed—Failure to Warn of Apr proach—Reasonable Care—Degree of Care—Negligence-Application for License—Failure to Procure License —Contributory Negligence—Care Required of Children—Conflicting Testimony—Damages.</p> <p>1. A public street or highway is open to the reasonable, common and equal use of all persons, on foot or in vehicles.</p> <p>2. The owner of an automobile has the same right to the use of a public highway as owners of other vehicles have, but, like them, he must exercise reasonable care in the use of the highway for the safety of others.</p> <p>3. All persons using a public highway, whether on foot, or in vehicles, are bound to the exercise of reasonable care to prevent accidents.</p> <p>4. A person driving an automobile, or other vehicle upon a public highway, is required to do so in a reasonable, careful manner, and at a rate of speed reasonable under the circumstances, and to slow down or stop, if need be, when danger is imminent.</p> <p>5. In the use of the streets greater care and caution is required at. public crossings and in the more thronged streets of a city than in the open or suburban parts.</p> <p>6. A person in the management of an automobile and the traveler on foot are each required in the use of a public street to exercise such reasonable care as the circumstances requiré, the degree of care being increased where there is an increase of danger.</p> <p>7. The driver of an automobile and the traveler on foot are each-bound, in the use of a public street to the reasonable use of their senses to prevent accidents.</p> <p>8. The greater the liability is, in the use of a motor vehicle or machine upon a public street, to do injury to others thereon, the greater will be the degree of care required in the use of such vehicle or machine.</p> <p>9. Negligence is defined to be the want of ordinary care, such care as a reasonably prudent and careful person wou