Kane v. Reed

Richards, P. J.:

The first question to be considered is, whether the defendant, Clair M. Reed, was guilty of negligence at the time of the accident involved in this litigation, and whether her negligence was the proximate cause of the accident and the resulting injury to the plaintiff.

Negligence is the want of due care; meaning, the want of such care as a reasonably prudent and careful person would use under similar circumstances. This principle has been recognized by a long list of Delaware cases.

In order to rely upon negligence as the basis of an action for damages it must appear that it was…