Riccio v. Peoples Railway Co.

Citations

• 26 Del. 235
• 3 Boyce 235

Syllabus

<p>1. Street Railroads—Right to Use Street.</p> <p>The rights of a street car company and of a pedestrian to use the street must be exercised by each in a reasonable and careful manner, so as not to unreasonably interfere with the rights of the other.</p> <p>2. Street Railroads—Injuries—Negligence.</p> <p>A pedestrian cannot recover for injuries by being struck by a street car, unless the company was guilty of negligence.</p> <p>3. Negligence—Definition.</p> <p>Negligence is the failure to use such care as a reasonably prudent person would exercise under similar circumstances.</p> <p>4. Street Railroads—Negligence—Res Ipsa Loquitur.</p> <p>The mere fact that a pedestrian was struck by a street car does not, of itself, raise the presumption of negligence.</p> <p>5. Negligence—Burden of Proof.</p> <p>The burden of proving negligence is upon plaintiff.</p> <p>^6. Street Railroads—Injuries—Negligence—By Employer.</p> <p>Negligence of a motorman in running a street car is imputable to the company.</p> <p>^ 7. Street Railroads—Injuries—Negligence—Duty of Motorman.</p> <p>A motorman must use reasonable diligence, depending upon the particular circumstances, to prevent an accident, and his failure to do so is negligence.</p> <p>8. Street Railroads—Injuries to Pedestrian—Negligence.</p> <p>A motorman and pedestrian each could assume that the other would act as a reasonably prudent person until the contrary appeared.</p> <p>9. Street Railroads—Injuries.</p> <p>Increased danger of a street car striking a pedestrian, in view of the particular circumstances, requires an increase of diligence commensurate with the danger.</p> <p>10. Street Railroads—Injuries—Contributory Negligence.</p> <p>A pedestrian would be guilty of contributory negligence, barring recovery, if struck by a street car because of his own negligence, or of the concurring negligence of himself and its employees.</p> <p>11. Street Railroads—Injuries—Contributory Negligence.</p> <p>A pedestrian near street car tra