25 Del. 573 | Del. Super. Ct. | 1911
charging the jury:
Gentlemen of the jury: — This is an action of trespass on the case. Landreth L. Layton, the plaintiff, seeks to recover from Parker H. Hudson, the defendant, damages for alleged injuries to his property, caused by the alleged negligence of the defendant.
The plaintiff claims that the defendant in the latter part of March, 1910, either himself or through another acting under his direction, or by his permission, set fire to brush or combustible matter upon the part of his land that was west of and in the immediate vicinity of the plaintiff’s premises.
The plaintiff sets forth in several ways in eight counts in his declaration that the defendant was negligent in starting a fire at a time when the brush or other combustible matter was very dry; that a strong wind was blowing over the brush at the time; that the defendant had not plowed the ground around the brush; that he had not employed a sufficient number of persons to assist him in keeping the fire under control; that he did not give notice to the
The defendant claims that the fire, set by his servant under his direction, on the property of the defendant did not cause the fire on the land of the plaintiff and the resultant damage thereby as alleged by the plaintiff, but that a fire was communicated to the property of the plaintiff from another fire, for which the defendant was in no way responsible, and he further contends that the plaintiff did not suffer any damages by the fire on his (the plaintiff’s) land, from whatever place it may have been communicated to the land of the plaintiff.
“Section 1. That from and after the passage of this act it shall not be lawful for any person to set fire to any grass, brush, or other substance, where the burning thereof will in any manner ' endanger any timber, either standing or felled, or other property, without first giving sufficient notice to the owners or occupiers of such timber and property as will enable them to take such necessary steps to guard against such damages as they may deem proper, of his intention to set fire to such grass, brush or other substance, and using all due and necessary precaution on his part to prevent any damages or loss to the timber or property of others.
“Sec. 2. That any person violating section 1 of this act shall * * * be liable in a suit for damages that may be sus
Your verdict should be for the defendant however, if you find
Verdict for defendant.