Chorman v. Maryland, Delaware & Virginia Railway Co.

Citations

• 28 Del. 339
• 5 Boyce 339
• 93 A. 559
• 1915 Del. LEXIS 11

Syllabus

<p>1. Negligence—Burden of Proof.</p> <p>Negligence is never presumed, and the burden of proof rests on the party asserting it.</p> <p>2. Railroads—Operation—Care Required Against Fire.</p> <p>A company operating a railroad is required to use that degree of care and prudence commensurate with the danger to property necessarily exposed by it to fire.</p> <p>3. Railroads—Fires—Liability.</p> <p>Under 16 Del. Laws, c. 380, a railroad company is liable,_ where it allows brush to collect on its right of way, and such brush becomes ignited and carries fire to adjoining property, though the railroad company did not fire the brush.</p> <p>4. Evidence—Credibility of Witnesses.</p> <p>Where the evidence is conflicting, the jury should reconcile it, if possible, and, if not, disregard that which they believe unworthy of belief, taking into account the apparent fairness as well as the interest of the witnesses.</p> <p>5. Damages—Trees—Fires—Measure.</p> <p>Where plaintiff's trees were ignited from a fire on defendant’s right of way, the verdict should be for the value of the trees destroyed.</p>