Collins v. Brittingham

Citations

• 28 Del. 89
• 5 Boyce 89
• 90 A. 420
• 1914 Del. LEXIS 14

Syllabus

<p>1. Justices of the Peace—Jurisdiction.</p> <p>A justice of the peace has jurisdiction of a suit under Rev. Code 1852, amended- to-1893, p. 477, c. 56, §1, imposing a fifty dollar penalty for the alteration or removal of any boundary tree or mark.</p> <p>2. Boundaries—“Landmark”—What Constitutes.</p> <p>A “landmark” within Rev. Code 1852, amended to 1893, p. 477, c. 56, § 1, imposing a penalty for removal, is a mark to designate the boundary of land, so that it may be known and preserved.</p> <p>3. Boundaries—Landmark—Removal.</p> <p>In a suit for the penalty for removing a landmark, the only question for determination is whether defendant removed a landmark to plaintiff’s injury, and the matter of boundary cannot be determined.</p> <p>4. Boundaries—Removal of Landmark.</p> <p>In a civil suit for the penalty for the removal of a landmark, plaintiff tnust establish his cause of action by the preponderance of the evidence in order to recover.</p> <p>5. Evidence—Consideration of Evidence.</p> <p>Where there is conflicting testimony, the jury should reconcile the testimony, if possible, and, if not able to do so, should accept that testimony appearing most worthy of belief after a consideration of the whole.</p>