James v. Tindall

Superior Court of Delaware

James v. Tindall

88 A. 1003, 27 Del. 413, 4 Boyce 413, 1913 Del. LEXIS 55

DecidedOctober 22, 1913

StatusPublished

This text of 88 A. 1003 (James v. Tindall) 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

James v. Tindall, 88 A. 1003, 27 Del. 413, 4 Boyce 413, 1913 Del. LEXIS 55 (Del. Ct. App. 1913).

Pincite

Opinion

Rice, J.:

We think in this case, under the circumstances as stated by plaintiff’s counsel, the matter covering which inquiry is made is immaterial.

We do not' question the soundness of the law as stated in the case cited, where the killing was necessary to protect animal life, the property of the defendant, but in the present case we think it was neither necessary nor justifiable to kill the turkeys in the protection of grain. The defendant might have impounded the turkeys or brought an action for damages to his property, if any, caused by the fowls.

We therefore sustain the objection.

Thereupon counsel in the case conferred, and stated that judgment should be entered in favor of the plaintiff for an agreed amount.

Verdict for the plaintiff.

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