Walls v. Windsor

Citations

• 28 Del. 265
• 5 Boyce 265
• 92 A. 989
• 1915 Del. LEXIS 2

Syllabus

<p>1. Negligence—Presumptions—Res Ipsa Loquitur.</p> <p>The fact of an accident, by which an injury is sustained; does not, in itself, if not within the control of the person charged with causing the accident, establish his negligence.</p> <p>2. Municipal Corporations—Streets—Actions—Recovery.</p> <p>Where plaintiff’s horse took fright, reared, and fell upon a hitching post, defendant, though his automobile frightened the horse, is not liable, unless he was guilty of negligence.</p> <p>3. Negligence—Presumptions.</p> <p>“Negligence”, which is the failure to use such care as a reasonably prudent person would exercise under similar circumstances, is not presumed, and must be proven by the party alleging it.</p> <p>4. Municipal Corporations—Streets—Rights Upon.</p> <p>Both a motorist and the owner of horses are entitled to use streets, each being required to use them in a careful manner for the safety of the other.</p> <p>5. Municipal Corporations—Streets—Accidents—Negligence.</p> <p>For a motorist to drive close to a horse on the side of a public street does not of itself show negligence.</p> <p>6. Municipal Corporations—Streets—Negligence.</p> <p>Rev. Code 1915, § 243, provides that, upon approaching any horse or other draft animals being led, ridden, or driven, a motorist shall give reasonable warning and use every precaution to avoid frightening such animals, bringing his car to a stop, if necessary. Plaintiff's horse, which was near a hitching post, on taking fright at defendant’s car, reared and fell, receiving mortal injuries. Held that, defendant was not negligent, if he did not, or could not in the exercise of due care, know that his machine was causing fright to the horse, or if the horse did not become frightened until after the machine had passed; but the machine should have been stopped, if necessary, to prevent the frightening of the horse.</p> <p>7. Trial—Jury—Jury Question.</p> <p>The jury is the exclusive judge of the weight and value of the testimony.