Benson v. Mayor of Wilmington

Citations

• 14 Del. 359
• 9 Houston 359
• 32 A. 1047
• 1893 Del. LEXIS 2

Syllabus

<p>Damages—Evidence—Municipal Corporations— Verdict.</p> <p>In an action on the case for damages to property, the plaintiff may recover for all damages sustained up to the time of judgment.</p> <p>A paper produced at the trial of a cause and-read from by one of the counsel without objection from the other side is supposed to be offered in evidence.</p> <p>Counsel cannot read from the ordinances of the City of Wilmington after both sides have closed their evidence, said ordinances not having been offered in evidence at the proper time.</p> <p>A municipal corporation having charge of the public streets is liable for damages to the property of a citizen resulting from negligence, unskilfulness or want of proper care in the conduct of the work.</p> <p>The jury must take no account of any damages which is not the natural and proximate result of the defendant’s negligence and which is not reduced by proof to dollars and cents.</p> <p>When a jury renders a verdict for a greater amount than the damages actually proved, the court will upon motion set aside the verdict, unless the plaintiff agrees to have judgment entered for the amount of damages actually proved.</p>