Giles v. Diamond State Iron Co.

8 A. 368, 12 Del. 453, 7 Houston 453, 1887 Del. LEXIS 3
CourtSuperior Court of Delaware
DecidedFebruary 19, 1887
StatusPublished
Cited by13 cases

This text of 8 A. 368 (Giles v. Diamond State Iron Co.) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Giles v. Diamond State Iron Co., 8 A. 368, 12 Del. 453, 7 Houston 453, 1887 Del. LEXIS 3 (Del. Ct. App. 1887).

Opinion

Comegys, C. J.

charging, the jury:

Gentlemen of the Jury:

You need not be told by me that this is a very important case. Great interest has been manifested by the public in respect to it; it has excited a great deal of attention in the community, and the attendance of the members of the bar here to watch it tends to show the deep interest they take in it also. It is very fortunate that it is committed to a jury so intelligent and well known in the community and so worthy in every way as I know you are.

This is a case, the features of which are peculiar, but after all there is nothing very strange about the law which is applicable to it. The law of negligence has come under review in this Court on several occasions and the Court has uniformly laid it down to the jury as I shall lay it down to you to-day, except so far as I shall be obliged to deviate somewhat on account of the peculiar characteristics of this case and I need not say to you that it is a case in which the jury must be governed by the law and facts in making up their verdict. The law is part of the testimony in the case: it comes from the mouths of the judges, who are sworn to do their duty, and their duty is to deliver the law as they believe the law to be; and therefore there is the same sanction precisely with respect to the deliverance by the Court that there is to that of a witness at the bar of the Court. While your judgments may not approve the law, you are still bound by it; otherwise, there would be no certainty in judicial trials. And you are to be governed by what is said by the witnesses, but you are not bound to believe all that the witnesses say, and you may choose between them which you think are most worthy of credit; but in a case of this kind you are bound to give your verdict to that side upon which, in your judgment, there is the greatest weight of testimony. It is not the number of witnesses that prove a fact so that the jury should always be governed by it. Of course, they exercise an influence; but it is the quality of the testimony—the matter of knowing what they speak of, their manner and demeanor on the stand, and the probability of their testimony being true; and you must give your verdict to that side upon which the greatest weight of testimony is—wherever the preponderance of evidence is, there should your verdict be. In other words, you are to render a just [458]*458and true verdict according to the evidence in the case; and I am perfectly sure that none of you will be influenced by any consideration of the fact that the defendant in this case is a corporate body and that the plaintiff in this case is a young man without means. You must try it between them as individuals and not allow any feeling of prejudice to exist. I know you will not be influenced by the fact that the defendant is a corporation. It is entitled to the same degree of consideration in this Court as an individual man, and having no greater privileges or rights. If a corporate body has done wrong, it must be held liable for it. If this young man has just grounds of action, you must give him what, in your judgment, is just compensation. But I will say to you now that this is not a case for what is called vindictive damages; that is, damages to punish the defendant. There are cases where the jury ought to give a verdict to punish the defendant, where the defendant has been guilty of wilful and gross negligence—paying no sort of regard to the interest of others—because that is something very different from negligence from the simple want of diligence which all business men should observe.

When a man in any business is guilty of gross negligence which endangers the lives of others, he should be punished by being made to pay. I do not think that this is a case of that kind, and therefore, you must base your verdict upon what you think the plaintiff ought to have, if you give him anything at all. I will now proceed:

The defendant in the year of 1885 and before that period was engaged in the business of manufacturing iron in the city of Wilmington, and still pursues the same employment. Its exigencies required that it should erect a new building in addition to those already owned by it; and the witnesses Simpson and Foulk were severally employed by its agents for that purpose. The building was to be partly of brick and the rest of wood, and Simpson was to do the brick work. The witness, William H. Foulk, was employed in like manner to do the wood work. By the contract with Simpson, he was to supply the bricks, lime and mortar for the wall, and and the labor to build it; but this, at the request of the defendant, through its aforesaid agents, was so modified as that the defendant [459]*459should furnish the bricks and sand. The building was to be & very large one, viz., 250 feet long, 56 or 57 feet wide and 21 feet high to the square; one side was to be a brick wall 21 feet high from the foundation, and 9 inches (or one brick) thick; with pilasters 16 feet apart from centre to centre, 17 inches (or two bricks) in thickness, and about 26 or 27 inches wide. The wall was, accordingly, built of those dimensions. The other side of the building and one of its ends were built of wood, but the other’ end was left open from the ground at the instance and by the orders of the defendant through its agents (there was no other floor) to the square of the building. This opening was, of course, about 56 feet wide, by 21 feet high. The 9-inch wall was pierced in the middle of the space between each of the pilasters with an opening for a window, about 4¿ feet wide by 7 or 8 feet high, in which window frames were secured. The whole structure was covered by what was called by the witnesses a truss roof, self-supporting and framed, as shown by the plans exhibited. Upon the brick wall was a wooden plate 3 inches thick and 13 wide, and properly secured, where the pieces of it were joined to make it continuous. There were girders resting upon this plate, over each of the pilasters; they were well secured to the wall through the plate, according to the testimony. There was nothing resting upon the 9-inch wall but the plate described. All the actual weight therefore, of the truss frame with its covering of inch boards and longitudinal ventilator of 250 feet, and slating to be done upon the whole, was to be borne by the pilasters, with the lateral support the 9-inch walls between them would give to them. At the time the plans for the building (which were made by one of the defendant’s agents) with the specifications, were submitted to and seen by the witness Simpson. He tells you that he suggested to the president of the Company, Mr. Mendinhall, when they had the plans before them and were discussing about the building, that the 9-inch wall looked thin and should be 13 inches—a brick and a-half thicker—giving to him as his reason, as he tells you, that the wall would be stiffened up by it. The president, he says, argued to the contrary, and he gave the matter up; but in his second examination in behalf of the plaintiff, he said he was of the same opinion now as he expressed then. If the [460]*460witness’ suggestion had been adopted, the walls would have been within 4 inches of being as thick as the pilasters. This opinion was given before the work was undertaken; and the plan did not contemplate an open end as described • for, according to the testimony of the witness Eoulk, it was during the progress of the work that the order was given him to leave a certain end open.

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Bluebook (online)
8 A. 368, 12 Del. 453, 7 Houston 453, 1887 Del. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giles-v-diamond-state-iron-co-delsuperct-1887.