Fahey v. Niles

Citations

• 30 Del. 454
• 7 Boyce 454
• 108 A. 135
• 1918 Del. LEXIS 56

Syllabus

<p>1. Negligence—What constitutes “odrinary care.”</p> <p>Negligence is the want of ordinary care;_ that is, of such care as a reasonably prudent and careful person would exercise under all the circumstances.</p> <p>2. Negligence—Never presumed.</p> <p>Negligence is never presumed, but must be proved by the one asserting it.</p> <p>3. Master and servant—Servant’s negligence imputed to master.</p> <p>Negligence of servants in the course of their employment is to be imputed to their master.</p> <p>4. Negligence—How proved.</p> <p>Negligence may be proved by direct or circumstantial evidence.</p> <p>5. Evidence—“Circumstantial evidence.”</p> <p>Circumstantial evidence is proof of facts from which the fact in issue follows as a natural or very probable conclusion.</p> <p>6. Negligence—Care required in use of dangerous instrumentalities.</p> <p>A person using dangerous instrumentalities, as gasoline torches, to remove paint from dwelling, must exercise due and reasonable care to prevent setting it on fire; otherwise, he is liable for consequent damages.</p>