M'dermott v. Kennedy

Superior Court of Delaware

M'dermott v. Kennedy

1 Del. 143

Superior Court of Delaware·Decided July 5, 1833·Published

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.

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

Pincite

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