Dickerson v. Brittingham

Citations

• 27 Del. 93
• 4 Boyce 93
• 86 A. 106
• 1913 Del. LEXIS 18

Syllabus

<p>1. Municipal Corporations—Streets—Law of the Road.</p> <p>When two persons driving upon a public road approach each other, each is required by law to keep to the right.</p> <p>2. Municipal Corporations—Streets—Law of the Road.</p> <p>A person driving along a highway in the proper way is not obliged to get-out of the way of a party whom he is meeting; it being the duty of such party to keep on his own side of the road.</p> <p>3. Municipal Corporations—Streets—Negligent Driving.</p> <p>The driver of a horse upon a public highway must use ordinary care in its management, and is liable for all damages occasioned by his negligent driving.</p> <p>4. Municipal Corporations—Streets—Negligent Driving.</p> <p>Greater care is required of one driving on a crowded street or thoroughfare within a town or city than upon an ordinary public road where there is no such crowded condition.</p> <p>5. Municipal Corporations—Streets—Negligent Driving.</p> <p>A person driving upon a public street negligently and recklessly, and without ordinary care, taking into consideration -all the facts and circumstances, was liable for any injuries caused by such want of ordinary care.</p> <p>6. Municipal Corporations—Streets—Negligent Driving—“Ordinary Care”.</p> <p>“Ordinary care” in driving a horse and vehicle means such care as pru-> dent men ordinarily use in like circumstances, taking into consideration the time, place, condition of the highway, possible dangers, known obstructions, and the damage likely to result from careless driving.</p> <p>7. Municipal Corporations—Streets—Actions for Negligent Use— Burden of Proof.</p> <p>In an action for the death of plaintiff’s horse, caused by injuries sustained in a collision with defendant's carriage on a public street, the burden was on plaintiff to prove by a preponderance of the evidence that defendant’s negligence caused the accident; there being no presumption of negligence from the fact that plaintiff’s horse was injured and died from the inju