Linthicum v. Truitt

Citations

• 25 Del. 338
• 2 Boyce 338
• 80 A. 245
• 1911 Del. LEXIS 45

Syllabus

<p>1. Trial — Province of Jury — Weight of Evidence.</p> <p>The jury are the exclusive judges of the weight of the evidence and the credibility of the witnesses.</p> <p>2. Theaters and Shows — Merry-Go-Round—Negligence—Burden of Proof.</p> <p>Negligence not being presumed, one suing for injury while attempting to board a moving merry-go-round has the burden of showing it.</p> <p>3. Negligence — Definition.</p> <p>“Negligence” is a failure to observe, for the protection of another’s interests, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such person is injured.</p> <p>4. Theaters and Shows — Merry-Go-Round—Injury—Negligence— Presumptions.</p> <p>Neither negligence nor contributory negligence is presumed from the mere fact that plaintiff was injured while attempting to board a moving merry-go-round.</p> <p>5. Theaters and Shows — Injury to Patron — Negligence—Jury Questions.</p> <p>In an action for injury while attempting to board a moving merry-go-round, questions of negligence and contributory negligence held for the jury.</p> <p>6. Master and Servant — Negligence of Employe Toward Third Person — Employe’s Liability.</p> <p>Negligence of one in charge of a merry-go-round, resulting in injury to a patron, is negligence of the owner.</p> <p>7. Theatres and Shows — Merry-Go-Round—Care Required.</p> <p>One operating a merry-go-round, to which the public is invited to ride for hire, must provide a safe vehicle, machinery, appliances, guards, and approaches, and must use great care, diligence, and skill in managing and operating the same, and wise precaution, to protect patrons from injury.</p> <p>8. Evidence — Weight—Conflicting Evidence — Reconciliation.</p> <p>Where the testimony is conflicting, the jury should reconcile it, if they can; but, if they cannot do so, they should accept as true that part deemed worthy of credit, having due regard to the opportunity and intelligence of the witnesses to know that to which they