Hawthorn v. McGuire

1 Del. 530

• Court: Superior Court of Delaware
• Decided: July 5, 1835
• Status: Published

Opinion

This was an action of “trespass” brought by McGuire against Hawthorn before Justice Tatlow “for borrowing a dearborn and harness from the said McGuire, and suffering from the running away of a horse, the shafts, hounds, harness and back curtain to be torn off and broken, and not having the same put in complete repair; for neglecting and finally refusing to return or bring home the said dear-born and harness, but leaving the same at the wheelwright’s shop, to its destruction and damage, and the immediate njury of the said Andrew McGuire.

The damage was laid at $40: and on a trial by referees there was a report and judgment for'$35 00 and costs.

The exception was to the jurisdiction of the Justice, and the court reversed the judgment on that exception.

Judgment reversed.