Foulke v. Wilmington City Railway Co.

Citations

• 21 Del. 363
• 5 Penne. 363
• 60 A. 973
• 1905 Del. LEXIS 26

Syllabus

<p>Case—Injuries to Horses and Wagon—Negligence—Making Crossing at Steep Dawn Grade—Duty of Company and of Driver of Team—Funeral Procession at Intersection of Streets— Right of Way—Usage or Practice of Company— Testimony as to Ringing of Bell; Value of— Damages.</p> <p>l. There is no law requiring a trolley car to stop at the intersection of streets and wait until a funeral procession has passed, nor is there any law giving to a funeral procession the right of way over cars or other vehicles or persons properly using a highway of this state. If by courtesy such privilege has been given, it imposes no duty upon the person extending it, nor does it relieve any person from all reasonable care in so using the highway as to prevent accident. If there was a uniform and continuous usage or practice of the company to stop its cars at crossings and wait until a funeral procession passed by, and such usage was known to, and relied upon, by the driver of the injured team at the time of the accident, such usage may be taken into account by the jury in estimating the degree of diligence required of the driver of the team. In such case the driver might reasonably infer, or presume, the continuance of the usage. To justify such presumption, however, such usage must have been uniform and continuous; and it would not relieve the driver of reasonable care in making such crossing. No legal right can grow out of a mere courtesy, however uniform and long continued, nor will such courtesy impose a legal obligation upon the person extending it.</p> <p>2. While the law does not impose upon the motorman of the car an impossibility, it does require him when approaching a crossing at a steep down grade to make the descent at such reasonable speed as not to put the car beyond his control. It is, however, the duty of the driver of a team to use all reasonable care and caution to prevent accident.</p> <p>3. The testimony of witnesses who swear they heard the car bell ring is of more weight than