M'dermott v. Kennedy

Superior Court of Delaware

M'dermott v. Kennedy

1 Del. 143

DecidedJuly 5, 1833

StatusPublished

This text of 1 Del. 143 (M'dermott v. Kennedy) 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

M'dermott v. Kennedy, 1 Del. 143 (Del. Ct. App. 1833).

Pincite

Opinion

The Court

charging: That if a man orders another out of his house, he is bound to go; and, if he refuses, the owner or occupant of the house has a right to put him out, and to use the force necessary for that purpose. That though in a criminal proceeding a party is not answerable for a mere accident, yet a trespasser is liable in a civil action, for accidents arising from his improper conduct, except such as are inevitable.

Verdict for plaintiff $35 44.

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The Court

charging: That if a man orders another out of his house, he is bound to go; and, if he refuses, the owner or occupant of the house has a right to put him out, and to use the force necessary for that purpose. That though in a criminal proceeding a party is not answerable for a mere accident, yet a trespasser is liable in a civil action, for accidents arising from his improper conduct, except such as are inevitable.

Verdict for plaintiff $35 44.

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Bluebook (online)

1 Del. 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mdermott-v-kennedy-delsuperct-1833.