Lemmon v. Broadwater

Citations

• 30 Del. 472
• 7 Boyce 472
• 108 A. 273
• 1919 Del. LEXIS 58

Syllabus

<p>1. Negligence—Burden of proof.</p> <p>Negligence is never presumed, and plaintiff must affirmatively show that defendant neglected some duty he owed to deceased.</p> <p>2. Negligence—Definition.</p> <p>Negligence is want of ordinary care, or the want of such care as a reasonably prudent and careful person would exercise in similar circumstances.</p> <p>3. Highways—Rights of automobile driver and motorcyclist.</p> <p>An automobile driver and motorcyclist have equal rights to lawfully use public highways, and each may assume the other will exercise ordinary care, and not carelessly expose to danger or negligently injure the other.</p> <p>4. Highways—Collision Due to Traveler on Wrong Side of Road.</p> <p>Traveler on public highway should proceed on the right hand side, and upon meeting a person traveling on the wrong side may assume that such person will do everything reasonably possible to avoid a collision, andisnothimself responsible for any collision if he does all that a reasonably careful person would have done to prevent it.</p> <p>5. Highways—Duty of Persons Operating Motor Vehicles Upon Meeting.</p> <p>Persons operating motor vehicles on a public highway upon meeting should turn to the right side of the highway, so that the other vehicle may pass with safety.</p> <p>6. Highways—Violation of Speed Statute as Negligence per se.</p> <p>Exceeding the speed limits prescribed by Rev. Code 1915, § 246, for motor vehicles on highways constitutes negligence per se.</p> <p>7. Highways—Exceeding Statutory Speed Must Proximately cause Injury.</p> <p>A defendant is not hable for violating Rev. Code 1915, § 246, prescribing speed limits for motor vehicles on highways, unless the violation of the statute caused the accident of which plaintiff complains.</p> <p>8. Highways—Collision Between Motor Vehicles Does Not Create Presumption of Negligence.</p> <p>The fact that a motorcyclist was killed in a collision with an automobile on a public highway does not create a presump