Reynolds v. Clark

Citations

• 28 Del. 250
• 5 Boyce 250
• 92 A. 873
• 1914 Del. LEXIS 38

Syllabus

<p>1. Negligence—Presumptions—Evidence—Burden of Proof.</p> <p>Negligence as, the basis of an action must be proved, and the burden of proving it by a preponderance of the evidence is on plaintiff.</p> <p>2. Negligence—Evidence—Question for Jury.</p> <p>Whether negligence exists in a particular case is for the jury.</p> <p>3. Negligence—Nature of.</p> <p>“Negligence” is the failure to observe for the protection of the interest of another the degree of care, prudence and vigilance which the circumstances demand, whereby such other person suffers injury, and is the want of such care as a reasonably prudent and careful man would exercise under similar circumstances.</p> <p>4. Negligence—Contributory Negligence—Presumptions.</p> <p>There is no presumption of negligence on the part of plaintiff suing for a personal injury, or on the part of defendant, from the mere fact that injury resulted by reason of an accident; and whether there was negligence, and who was guilty of it, is for the jury.</p> <p>5. Negligence—Contributory Negligence—Effect.</p> <p>A plaintiff, guilty of negligence, entering into and causing the injuries complained of, cannot recover, though defendant was also guilty of negligence.</p> <p>6. Negligence—Contributory Negligence—Burden of Proof.</p> <p>A defendant, relying on contributory negligence of plaintiff, suing for a personal injury, must prove that the contributory negligence was the proximate cause of the injury.</p> <p>7. Landlord and'Tenant—Injuries to Tenant—Negligence.</p> <p>A landlord may not, without the knowledge and consent of the tenant, place any signboard on the building in such a way as to interfere with the quiet use and enjoyment of the property by the tenant; and if the landlord negligently places a sign on the_ building without the knowledge of the tenant, and in such a position that it is impossible for the tenant, in the exercise of reasonable care; to use the property without receiving an injury from the sign, the landlord is