Eaton v. Wilmington City Railway Co.

Citations

• 24 Del. 435
• 1 Boyce 435
• 75 A. 369
• 1910 Del. LEXIS 50

Syllabus

<p>Personal Injuries—Negligence—Presumption—Ordinary Care— Railway Cars—Equipment—Degree of Care—Common Carriers—Contributory Negligence—Run-away Car—Inevitable Accident—Damages—Care of Tracks.</p> <p>1. Negligence is defined to be the want of ordinary care, that is, the failure to exercise such care as a reasonably prudent and careful man would exercise under similar circumstances.</p> <p>2. Negligence is never presumed. It must be proved, and the burden of proving it is upon'the plaintiff.</p> <p>3. There is no presumption of negligence, either on the part of the plaintiff or on the part of the defendant.</p> <p>4. The mere fact of an accident does not raise a presumption of negligence.</p> <p>5. A defendant can be held liable only for such negligence as constites the proximate cause of the accident.</p> <p>6. The term “ordinary care” when applied to the management of a railway, imports all the care which the peculiar circumstances of the place or occasion reasonably require.</p> <p>7. The degree of care required in the management of railway cars will be increased or diminished according as the ordinary liability to danger is increased or diminished in the movement of such cars.</p> <p>8. In going down a grade, it is the duty of the motorman, in charge of a car, to make the descent at such reasonable speed as not to allow the car to get beyond his control, if he is able to do so.</p> <p>9. As the danger of 'a collision with another car increases, it is the duty of a motorman to use all means in his power to check or stop his car so as to avoid a collision.</p> <p>10. If a motorman does all he can to control the speed of his car» under the circumstances, there is no liability for a collision, provided the car was properly equipped with brakes and other devices reasonably necessary and adequate to control its speed, and reasonable care was exercised in other respects.</p> <p>11. It is the duty of a railway company, in the operation of its cars, to-see that they are