Philadelphia, Baltimore & Washington Railroad v. Buchanan

Citations

• 25 Del. 202
• 2 Boyce 202
• 78 A. 776
• 1911 Del. LEXIS 31

Syllabus

<p>1. Negligence — Actions—Question for Jury.</p> <p>In an action for injuries, if there is any evidence of negligence on which the jury can properly find a verdict, or if the conclusion to be drawn therefrom is debatable or rests in doubt, though the facts are undisputed, or if the evidence is conflicting in regard to any material fact, its determination is for the jury.</p> <p>2. Negligence — Contributory Negligence — Burden of Proof.</p> <p>The burden of establishing contributory negligence, whenever relied on as a defense, is on the defendant, though proof of such negligence may arise out of plaintiff’s testimony in the first instance.</p> <p>3. Negligence — Contributory Negligence — Question for Court or Jury.</p> <p>Where it clearly appears that there was contributory negligence proximately entering into and contributing to the accident at the time it occurred, it is the court’s duty to so find as a matter of law.</p> <p>4. Railroads — Crossings—Dangerous Place.</p> <p>A railroad crossing is a place of danger as a matter of law, its very presence being notice to a person approaching or attempting to cross it of the danger of colliding with a passing engine or train, and imposes on him the duty to exercise reasonable care and caution, and to at least look and listen before crossing.</p> <p>5. Railroads — Crossing Accident — Contributory Negligence.</p> <p>Failure of a railroad company to sound the alarm on approaching a crossing, as required by statute, will not excuse the contributory negligence of a person injured by driving on the crossing in front of the train without looking, where the liability to a collision is great.</p> <p>6. Railroads — Crossing Accidents — View of Track — Obstructions;</p> <p>That the view of a railroad track on approaching a crossing is obstructed will not relieve the traveler from the obligation to look and listen for an approaching train, whether regular or special; the very fact of the existence of the obstruction, and particular