Cochran v. Mayor & Council

Citations

• 23 Del. 315
• 7 Penne. 315
• 77 A. 963
• 1909 Del. LEXIS 13

Syllabus

<p>Trespass—Possession—Nominal Damages—Actual Damages— Wrongful Entry—Condemnation of Street or Public Highway—Prescription.</p> <p>1. Trespass is an injury to the possession of another. In order to entitle the plaintiffs to a recovery he must first show that he was in lawful possession of the lands upon which it is alleged the trespass was committed, and, second, that the alleged trespass was in fact committed by the defendant or its servants, agents or employees.</p> <p>2. If the jury find that the place upon which the trespass is alleged to have been comitted was a public highway and that the work complained of was done in the bed of such highway, then the plaintiffs would not be entitled to recover for any damages for acts committed within the limits of said highway.</p> <p>3. Any unlawful entry upon another’s land constitutes a trespass, and the law implies damages for such a trespass, but the amount depends upon the damage actually done.</p>