Shockley v. McCullough

Citations

• 25 Del. 504
• 2 Boyce 504
• 82 A. 144
• 1911 Del. LEXIS 74

Syllabus

<p>1. Negligence — Evidence—Presumptions—Burden of Proof.</p> <p>One suing for negligence has the burden of proving it.</p> <p>2. Negligence — Steam Threshing Outfit — Care Required.</p> <p>One using a steam threshing machine in threshing grain must use such care as a reasonably prudent person would use under the circumstances to prevent spread of fire.</p> <p>3. Negligence — Steam Threshing Outfit — Care Required.</p> <p>Where one engages another to thresh his wheat with a steam threshing machine, the latter impliedly agrees to use reasonable care commensurate with the situation to prevent the loss of property by fire.</p> <p>4. Negligence — Operating Traction Engine Without Spark Protectors.</p> <p>One operating a traction engine in vi olation of 25 Del Laws, c. 243, requiring operators of engines to provide them with spark protectors, is guilty of negligence per se; but, to justify a recovery for a loss of property by fire set by sparks, it must appear that the loss was proximately caused by such negligence.</p> <p>5. Negligence — Destruction of Property by Fire — Contributory Negligence.</p> <p>Where plaintiff, employing defendant to thresh his wheat with a steam threshing machine and knowing the danger, insisted that the engine, not equipped with a proper spark protector, should be placed dangerously near a stack of wheat, which was destroyed by fire, he was guilty of contributory negligence.</p> <p>6. Evidence — Conflicting Evidence — Question for Jury.</p> <p>The jury must reconcile the conflicting evidence, and where they cannot do so they must accept the part which they believe worthy of credit, taking into consideration the fairness of the witnesses and their intelligence and knowledge.</p>