McCartney v. Peoples Railway Co.

Citations

• 25 Del. 191
• 2 Boyce 191
• 78 A. 771
• 1911 Del. LEXIS 30

Syllabus

<p>1. Trial — Weight of Evidence — Question for Jury.</p> <p>The jury are the sole judges of the facts of the case, and they must take the evidence adduced by the parties, and make up their verdict accordingly under the instructions of the court.</p> <p>2. Negligence — Acts Constituting “Negligence.”</p> <p>“Negligence” is a failure to_observe for the protection of another that degree of care and vigilance which the circumstances justly demand.</p> <p>3. Negligence — Burden of Proof.</p> <p>One, suing for injuries negligently inflicted, has the burden of proving negligence by a preponderance of the evidence, and where he fails so to do he cannot recover.</p> <p>4. Street Railroads — Collisions—Contributory Negligence.</p> <p>Where the negligence of a driver contributed to a collision with an electric car, there could be no recovery for the injuries sustained, though there was negligence on the part of the railway company.</p> <p>5. Street Railroads — Obligation of Travelers.</p> <p>A person approaching a street railway crossing, with which he is familiar, must avail himself of his knowledge of the locality, and act accordingly, and he must make reasonable use of his senses, and exercise such caution as ordinarily prudent persons will exercise under like circumstances; and where, as he approaches the crossing, his line of vision is unobstructed, he must look for approaching cars to avoid a collision with them, and use greater care when the view is obstructed.</p> <p>6. Street Railroads — Obligation of Travelers.</p> <p>Where a person drives onto a street railway crossing without looking or listening, and a collision occurs, which would have been prevented had he exercised ordinary prudence, he is guilty of contributory negligence, precluding a recovery.</p> <p>7. Street Railroads — Operation—Care Required.</p> <p>, A street railway, in the operation of its cars, must see that they are equipped with all the appliances reasonably proper for the safety of wayfarers, and