MacFeat v. Philadelphia, Wilmington & Baltimore Railroad

Citations

• 21 Del. 52
• 5 Penne. 52
• 62 A. 898
• 1904 Del. LEXIS 20

Syllabus

<p>Case—Personal Injuries—Resulting in Death—Evidence—Negligence — Passenger — Common Carrier — Rights and Duties—Speed of Train—City. Ordinance— Dangerous Tracks—Damages.</p> <p>1. In an action against a railroad company for damages for the death of plaintiff s intestate, testimony showing that the deceased was a careful man is not admissible.</p> <p>2. The question whether the deceased’s injuries were such as would have been caused by being struck in the manner alleged, held not to be a matter for expert testimony.</p> <p>3. Under the facts and conditions shown, a witness was not permitted to state whether in his judgment the platform, passage way and crossing at the place of the accident were unusually unsafe.</p> <p>4. The plaintiff is permitted to show that the defendant company was in the habit of standing the shifting engine and one or more cars in front of the station about the time of the approach of a passenger train, to act as a bar to keep the people back from the dangerous part of the platform where the tracks are.</p> <p>5. An ordinance of the city held to be admissible, although the declaration of the plaintiff averred only generally that the train of the defendant was, at the time of the accident, moving at an unlawful rate of speed.</p> <p>6. Under our practice a motion to strike out testimony must be made at or about the time the testimony is given.</p> <p>7. A photograph of the scene of the accident admitted, under certain conditions ; and another not admitted, under certain other conditions.</p> <p>8. Exception cannot he taken to the language of the Court in refusing a nonsuit.</p> <p>9. There are certain things which amount to negligence in law, whether any active or positive negligence be proved or not. The violation of a city ordinance is of itself an act of negligence, which only requires to be proved to render a wrong-doer liable for any injury resulting from such misconduct.</p> <p>10. The rights and duties of company and passenger defined.