Heidelbaugh v. Peoples Railway Co.

Citations

• 22 Del. 209
• 6 Penne. 209
• 65 A. 587
• 1907 Del. LEXIS 10

Syllabus

<p>Case—Injuries to Person and Property—Railway Company— Frightening Horse of Plaintiff—Negligence—Damages.</p> <p>1. No presumption of negligence on the part of the defendant com-pony arises from the mere fact that the plaintiff or his property were injured by the car of the defendant. The burden of proving it rests upon the plaintiff.</p> <p>2. If a motorman in charge of a car sees, or by the exercise of due diligence might have seen, a frightened and unmanageable horse attached to a vehicle on the street near the railway in front of his car, it is his duty to use every reasonable means in his power to prevent a collision with such horse and vehicle; and for this purpose it is his duty, in due time, to check the speed of his car, or stop it entirely, if it be necessary so to do to avoid a collision, and if he fails to do so, he is guilty of negligence, and the company whose servant he is, is liable for any injury occasioned by such negligence.</p> <p>3. If, on the other hand, the motorman under these circumstances, in due time, uses all the means within his power to check or stop the car, and he is not able to do so by reason of the slippery condition of the track, the steep incline of the track or other cause beyond his control, he is not guilty of negligence.</p> <p>4. Measure of damages.</p>