Igle v. Peoples Railway Co.

Citations

• 28 Del. 376
• 5 Boyce 376
• 93 A. 666
• 1915 Del. LEXIS 17

Syllabus

<p>1. Negligence—What Is.</p> <p>“Negligence” is the failure to exercise such care as a reasonably prudent and careful person would exercise under similar circumstances.</p> <p>2. Negligence—Evidence—Presumptions.</p> <p>Negligence is not presumed, but must be proved, and the burden of proof rests on the party asserting it.</p> <p>3. Street Railroads—Collisions—Presumptions—Negligence—Contributory Negligence.</p> <p>No presumption of negligence in the operation of a street car, or of contributory negligence of a traveler, arises from the mere fact of a collision between the car and the traveler.</p> <p>4. Street Railroads—Collisions—Recovery.</p> <p>There can be no recovery for injuries to a traveler in a collision with a street car, unless the preponderance of the evidence shows that negligence in the operation of the car caused the accident, and that the traveler was free from contributory negligence.</p> <p>5. Municipal Corporations—Use of Streets—Care Required.</p> <p>In using highways, all persons must exercise reasonable care to prevent collisions, and the care must be in proportion to the danger of the risks in each case.</p> <p>6. Street Railroads—Operation of Cars—Care Required.</p> <p>A street railway company must see that its servants in charge of cars are competent, that reasonable care is used in operating cars, that the cars slow up or stop where danger is imminent, or by the exercise of reasonable care could be known, in time to prevent accident, and that proper warnings of the approach of cars at crossings are given.</p> <p>7. Street Railroads—Operation of Cars—Care Required.</p> <p>Where a street car approaches a crossing at a downgrade, or where the view of the car from the crossing is obstructed, greater care is required in the operation of the car than where it approaches at grade, or where the view is unobstructed.</p> <p>8. Street Railroads—Use of Streets—Care Required.</p> <p>A railway company and a traveler must use such reasonable care as th