Coyle v. Peoples Railway Co.

Citations

• 23 Del. 454
• 7 Penne. 454
• 80 A. 638
• 1907 Del. LEXIS 7

Syllabus

<p>Personal Injuries—Negligence; Concurrent—Street Railway— Common Carrier—Passenger—Due Care—Burden of Proof—Presumption—Conflict of Evidence— Measure of' Damages.</p> <p>1. A street railway company in letting its passengers on and off its cars is bound to stop at its usual stopping places, and to wait a reasonable time for passengers to get off or on, and also to use all reasonable care to secure the safety of its passengers.</p> <p>2. A common carrier of this character is held to strict care in the safe transportation of its passengers, but it is not an insurer of their safety under all circumstances, being only responsible for its negligence.</p> <p>3. On the other hand, there is a duty resting upon the passenger to act with prudence and to use the means provided for his transportation with reasonable discretion and care, and if his negligent act contributes to the injury of which he complains, he cannot recover.</p> <p>4. Reasonable care is such care as a person of ordinary prudence would exercise under similar circumstances; such care being proportioned to the risk incurred.</p> <p>5. To entitle the plaintiff to recover, the jury must be satisfied by the preponderance of the evidence, that the negligence of the defendant which caused the plaintiff’s injuries, was the negligence described in the plaintiff’s declaration.</p> <p>6. No presumption of negligence, either on the part of the defendant or the plaintiff, arises from the mere fact that the plaintiff was injured while alighting from a car of the defendant.</p> <p>7. The burden of proving negligence, whether of the defendant or the plaintiff, rests upon the party by whom such negligence is alleged.</p> <p>8. If a car slows up or stops at an unusual stopping place, in such a manner as clearly to invite a passenger to alight, and the passenger under such circumstances attempts to alight, using due and proper care, it is the duty of the person or persons having charge of the car not to suddenly start the car