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· 2/13/1908

Elliott v. Wilmington City Railway Co.

Citations

  • 22 Del. 570
  • 6 Penne. 570
  • 73 A. 1040
  • 1908 Del. LEXIS 31

Syllabus

<p>Action for Personal Injuries Against Railway Company— Alighting Passenger-, Thrown to Ground and Injured— Car Suddenly Started.</p> <p>1. The Court delivered the usual charge on negligence; and the duty of the railway company, and also of the passenger.</p> <p>2. 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 in such a manner as to endanger the safety of the alighting passenger.</p>

Judges: Spruance

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