Freeman v. Wilmington & Philadelphia Traction Co.

Citations

• 26 Del. 107
• 3 Boyce 107
• 80 A. 1001
• 1911 Del. LEXIS 19

Syllabus

<p>1. Negligence—Definition.</p> <p>Negligence is the want of such care as a reasonably prudent and careful person would use under similar circumstances.</p> <p>2. Carriers—Passengers—Negligence—Jury Question.</p> <p>Where the evidence conflicts on the question of negligence in a street car passenger’s action for negligence, whether defendant’s negligence caused the accident is for the jury.</p> <p>3. Carriers—Passengers—Injuries—Negligence.</p> <p>■ To entitle a street car passenger to recover for injuries in alighting, it must appear that defendant’s negligence caused the injury.</p> <p>4. Carriers—Passengers—Personal Injuries—Actions—Proof.</p> <p>To entitle a street car passenger to recover for injuries in alighting, it must appear that the negligence proved was that alleged in the declaration.</p> <p>5. Negligence—Burden of Proof.</p> <p>The burden of proving negligence is on plaintiff in a personal injury action.</p> <p>6. Carriers—Passengers—Injuries—Presumption of Negligence.</p> <p>No presumption of negligence, either by a passenger or carrier, arises from the mere fact of injury to á street car passenger while alighting; the burden of proving negligence being on the party asserting it.</p> <p>7. Negligence—Contributory Negligence—Comparative Negligence.</p> <p>If a street car passenger was negligent, and such negligence contributed to his injuries, he cannot recover; the law not attempting to apportion the negligence of the parties.</p> <p>8. Negligence—Contributory Negligence.</p> <p>If the negligence of each party operates at the time of an accident to contribute to the injury, no recovery can be had.</p> <p>9. Carriers—Passengers—Negligence—Injuries in Alighting.</p> <p>A street car company must stop its cars a reasonable time for passengers to alight at its usual stopping places; failure to do so being negligence.</p> <p>10. Carriers—Passengers—Care Required.</p> <p>While a common carrier is liable for injury to passengers only where it is negligent, i