Superior Court of Delaware, 1833

M'dermott v. Kennedy

M'dermott v. Kennedy
Superior Court of Delaware · Decided July 5, 1833
1 Del. 143

Counsel

Booth, for plaintiff. Rogers, for defendant.

M'dermott v. Kennedy

Opinion of the Court

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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