Farley v. Wilmington & New Castle Electric Railway Co.

Citations

• 19 Del. 581
• 52 A. 543
• 3 Penne. 581
• 1902 Del. LEXIS 20

Syllabus

<p>Case—Personal Injuries—Death of Wife—Gratuitous Passenger— Negligence— Unavoidable Accident—Damages.</p> <p>X. The rules stated governing the use of the public highway by electric companies, and other persons who see fit to use the same in vehicles drawn by horses, or otherwise.</p> <p>2. To what extent the negligence of the driver of a vehicle may be imputed to the gratuitous passenger therein, is a question of first impression in this State. It ■ seems, however, to be now settled both in this country and in England, that where a person accepts the gratuitous invitation of the owner and driver of a vehicle to ride with him, and has no other relation to the driver, the negligence of the driver, if any, cannot be imputed to his guest, so as to defeat the latter’s right of recovery against a third person for injuries resulting from the concurrent negligence of such driver and third person.</p> <p>3. Even in such case, however, the passenger is bound to exercise due care and caution as well as the driver. It is no less the duty of the passenger, where he has the opportunity to do so, than of the driver, to learn of danger, and to avoid it if practicable.</p> <p>4. If the injury results from the concurrent negligence of the driver and company, without any negligence on the part of the gratuitous passenger, such passenger would be entitled to recover. In like manner such passenger would be entitled to recover if the injury resulted from the negligence of the company alone.</p> <p>5. The measure of damages stated. »</p>