Dolby v. Hearn

Citations

• 15 Del. 153

Syllabus

<p>Negligence. Fire. Burden Of Proof.—In an action on the case for damage resulting from the spreading of a fire kindled by a person on his own land, negligence on his part must be shown, and the burden of proof is on the plaintiff.</p> <p>Negligence. Evidence.—Positive evidence of negligence is not required; it may be established by circumstantial or presumptive proof.</p> <p>Negligence.—-The care, skill and diligence required in the management of a business is in proportion to the danger of the business, and such in all cases as ordinarily prudent men exercise in such management.</p> <p>Negligence. Pleading. Case. In an action on the case to recover damages for injuries to property resulting from negligence, the plaintiff is bound by the description in his narr, of the property damaged, and cannot recover for damages to any other.</p> <p>Highways.—A public road running through and within two tracts of land does not in law make them separate and distinct.</p>