Hannigan v. Wright

Citations

• 21 Del. 537
• 5 Penne. 537
• 63 A. 234
• 1905 Del. LEXIS 56

Syllabus

<p>Case—Personal Injuries—Negligence—Automobile—Public Highway—Streets of City — Use of by Automobile and Pedestrian— Care Required—Measure of Damages.</p> <p>I. In an action to recover for personal injuries caused by an automobile, the plaintiff was asked by her counsel “what was the condition of your memory and nerves as a result of the accident.’’ Held admissible.</p> <p>2. While the automobile is comparatively new in its use, and novel in its construction, operation and movement, there is nothing new or exceptional in the principles of law that apply to its use upon the public highway. The owner of an automobile has the same right as the owner of other vehicles to use the highways or streets of a city, and like them he must exercise reasonable care and caution for the safety of others.</p> <p>3. The acts of the chauffeur, in operating an automobile, within the authority of his employment, are the acts of a servant. The relation of master and servant exists between the chauffeur and his employer, and the rules of law applicable to that relation exist.</p> <p>4. The rights of travelers on foot and in vehicle on the streets of the city, and the care required to be exercised by them, stated.</p> <p>5. In determining the degree of care that the operator of an automobile should have used, the jury may take into consideration its speed, size, appearance, manner of movement, the amount of noise it makes, and anything that indicates unusual or pec'uliar danger.</p> <p>6. If the plaintiff saw the automobile before it struck her, or by the reasonable ' use of her senses could have seen it in time to avoid the injury, she could not recover. But if she could not, under the conditions and circumstances existing at the time of the accident, by the exercise oí reasonable care have avoided it, she would not be guilty of such negligence as would defeat her right to recover.</p> <p>7. If the defendant was, at the time of the accident, the owner of the automobile which caused the i