Girardo v. Wilmington & Philadelphia Traction Co.

Citations

• 28 Del. 25
• 5 Boyce 25
• 90 A. 476
• 1914 Del. LEXIS 5

Syllabus

<p>1. Negligence—Burden of Proof—Evidence.</p> <p>One suing for a personal injury negligently inflicted has the burden of proving negligence, for negligence is never presumed.</p> <p>2. Trial—Evidence—Question for Jury.</p> <p>The jury are the sole judges of the facts.</p> <p>3. Carriers—Injuries to Street Car Passengers—Negligence—• Presumptions—Evidence.</p> <p>A passenger, suing for injuries while attempting to alight from a street car must establish by testimony the negligence charged, and the mere happening of the accident does not create a presumption of negligence in the operation of the car.</p> <p>4. Negligence—Nature and Elements.</p> <p>Negligence is the want of such care as a reasonably prudent, careful man would use under similar circumstances.</p> <p>5. Carriers—Injuries to Passengers—Contributory Negligence.</p> <p>The contributory negligence of a passenger sustaining injuries while attempting to alight from a street car will defeat a recovery.</p> <p>6. Carriers—Street Railroads—Injury to Passenger—Care Required.</p> <p>A street railway company must stop its cars and wait a reasonable time for passengers to alight or board them, and a failure to do so is negligence, and it must also exercise all reasonable care to secure the safety of its passengers.</p> <p>7. Carriers—Injury to Passenger—Contributory Negligence.</p> <p>A passenger on a street car must act with reasonable care and prudence, and use all reasonable care in alighting; and, where his negligence contributes to an injury complained of, and is the proximate cause of the injury, no recovery can be had.</p> <p>8. Carriers—Passengers—Actions—Evidence.</p> <p>A passenger suing for injuries received while alighting from a street car, on the ground that the car suddenly started forward, throwing the passenger from the car, must, to recover, show by a preponderance of the evidence that the accident was caused by the sudden starting of the car.</p> <p>9. Evidence—Instructions—“Preponderance of the