Clay v. Peoples Railway Co.

Citations

• 23 Del. 135
• 7 Penne. 135
• 76 A. 319
• 1908 Del. LEXIS 13

Syllabus

<p>Personal Injuries—City Railway—Public Highway—Use of— Negligence—Street Crossing—Care Required—Damages.</p> <p>1. The right of the railway company, and the right of the public, must each be exercised with due regard to the right of the other, and the right of each must be exercised in a reasonable and careful manner so as not unreasonably to abridge or interfere with the right of the other.</p> <p>2. It is the duty of the company to use reasonable care in operating its cars, to move its cars at a reasonable rate of speed, and to slow up or stop if need be where danger is imminent.</p> <p>3. There is a like duty of exercising reasonable care on the part of the people using the public highway, to stop, and if need be, to turn out when danger is threatened.</p> <p>4. The person in the management of the car, and the person in the management of the vehicle, are both bound to the reasonable use of their sight and hearing for the prevention of accident, and to the exercise of such reasonable caution as an ordinarily careful and prudent person would use under like circumstances.</p> <p>5. In approaching the crossing of a street in general use by the public, increased care should be exercised by the person in charge of the car to avoid collision with persons or vehicles who may be traveling on such streets. He should not approach such crossing at a dangerous speed or without giving due and timely warning; and if his view is obstructed by buildings or otherwise, his care and diligence should be increased in proportion to such conditions.</p> <p>6. The motorman, and the driver of the vehicle, have each the right to presume that the other will act as a reasonable person under all the circumstances of the occasion, until the contrary appears.</p>