Ford v. Charles Warner Co.

Citations

• 15 Del. 88

Syllabus

<p>Highway.—A street railway company which has the right to the use of a street for its cars, is not guilty of negligently obstructing the street by allowing one of its cars to remain on a spur track for a reasonable time.</p> <p>Same.—Persons are not bound to keep in motion every instant they are on the public highway; they may stop temporarily for business or pleasure, provided that they do not unreasonably interfere with the rights of others.</p> <p>Negligence.—One who places himself in the public street is bound to exercise all the care ordinarily required to prevent injury to himself; but even if he is negligent in standing on the street without looking about him, such negligence on his part will not defeat a recovery, where there is a failure on the part of the servant of the defendant to use reasonable care.</p> <p>Same.—In order to defeat a recovery for personal injuries, there must be shown a casual connection between the negligence of the plaintiff and the accident.</p> <p>Master and Servant.—Within the scope of his employment, a master is responsible for the acts of his servant, and will be liable for injuries to a third person caused • by the negligence of such servant.</p> <p>Measure Of Damages.—Exemplary damages should only be allowed where the act causing the injury has been wilfully done, or where circumstances show that there was a deliberate, preconceived, or positive intention to injure, or that reckless disregard of the safety of persons or property which is equally culpable.</p> <p>Same.—In an action for personal injuries, the recovery may embrace compensation for nursing and medical expenses, loss of time from inability to work and incapacity to earn money, loss of bodily and mental powers, and for that actual suffering of mind and body which is the immediate and necessary consequence of the injury; but he may not recover for any malady from which he suffers which is not the natural and necessary result of the injury complained of.</p> <p>Evide