Culbert v. Wilmington & Philadelphia Traction Co.

Citations

• 26 Del. 253
• 3 Boyce 253
• 82 A. 1081
• 1912 Del. LEXIS 28

Syllabus

<p>1. Stockholder as Juror—Challenge.</p> <p>A stockholder of a defendant railway company summoned as a juror may be challenged for cause.</p> <p>2. Negligence—Definition.</p> <p>“Negligence” is a failure to observe, for the protection of another, that care which the circumstances demand.</p> <p>3. Street Railroads—Collision with Pedestrian—Negligence—Presumption.</p> <p>Since negligence is never presumed, the mere fact of plaintiff’s injury by a collision with defendant's street car raised no presumption of negligence by either party.</p> <p>4. Negligence—Jury Question.</p> <p>The question of the existence of negligence is for the jury.</p> <p>5. Street Railroads—Collision with Pedestrian—Grounds of Action.</p> <p>The plaintiff, in an action for personal injuries from being struck by a street car, could recover only on proof by a preponderance of the evidence that the defendant was negligent, and that its negligence caused the injury, and that plaintiff was not guilty of any contributory negligence.</p> <p>6. Evidence—Words and Phrases—“Preponderance of the Evidence”.</p> <p>By a “preponderance of the evidence” is meant the weight of the testimony, when properly considered, and not necessarily the number of witnesses.</p> <p>7. Negligence—Unavoidable Accident.</p> <p>One cannot recover for injuries from an unavoidable accident.</p> <p>8. Street Railroads—Operation—Care Required.</p> <p>The ordinary care and diligence required in the management of electric cars varies according to the particular circumstances, with the increasing or diminishing liability to danger.</p> <p>9. Street Railroads—Duty to Traveler.</p> <p>One approaching or attempting to cross a street railway track must avail himself of has knowledge of the conditions existing at the place.</p> <p>10. Street Railroads—Operation—Mutual Care Required.</p> <p>A motorman, and also one approaching a street car or crossing a track, must make reasonable use of their senses of sight and hearing to prevent accide