Queen Anne's Railroad v. Reed

Citations

• 21 Del. 226
• 5 Penne. 226
• 59 A. 860
• 1905 Del. LEXIS 10

Syllabus

<p>Railroads— Crossing—Accidents— Contributory Negligence—Error — Question for Review.</p> <p>1. Under the decisions in this Court, the action of the lower Court upon a motion for a nonsuit is not reviewable.</p> <p>2. The mere fact of an accident by which an injury is sustained, if not within the control of the defendant, does not in itself raise a presumption of negligence.</p> <p>3. The burden of proving negligence rests upon the plaintiff.</p> <p>4. Negligence defined.</p> <p>5. It is for the Court to say whether any facts have been established by sufficient evidence from which negligence can be reasonably and legitimately inferred, and it is for the jury to say whether, from those facts, when submitted to them, negligence ought to be inferred.</p> <p>6. If the plaintiff fails to produce evidence of negligence of the defendant, or if no fair inference of negligence can be drawn from the evidence favorable to the plaintiff, it becomes the duty of the Court to nonsuit the plaintiff.</p> <p>7. If there is evidence of negligence from which the jury can properly find a verdict, or if the conclusion to be drawn therefrom is debatable, or if the evidence is conflicting in regard to any material fact, it should be submitted to the jury.</p> <p>8. The burden of establishing contributory negligence whenever relied upon in defense of the action, rests upon the defendant, but proof of such negligence may arise out of the testimony of the plaintifl in the first instance.</p> <p>9. Whether contributory negligence is to be found, under the evidence, as a conclusion of law, or should be submitted to the jury as a question of fact, must necessarily be controlled by the facts and circumstances of the particular case.</p> <p>10. The law regards a railroad crossing as a place of danger.</p> <p>11. A person attempting to cross at a railroad crossing is required, at least, to look and listen for an approaching engine or train, before venturing to cross the track.</p> <p>12. A person