Farrow v. Hoffecker

Citations

• 23 Del. 223
• 7 Penne. 223
• 79 A. 920
• 1906 Del. LEXIS 5

Syllabus

<p>Personal Injuries—Town Ordinance—Discharge of Firearm— Negligence per se—Exemplary Damages—Measure of Damages.</p> <p>1. It is well settled in this State that the violation of a lawful ordinance of a city or town is in itself such negligence as would render the wrong-doer liable for any injuries resulting therefrom.</p> <p>2. The discharge of a firearm within the limits of a town in violation of an ordinance is unlawful, and if the plaintiff was thereby injured it constitutes such negligence as entitles him to damages.</p> <p>3. Exemplary damages may be allowed for torts committed with fraud, actual malice or deliberate violence or oppression.</p> <p>4. The general rule governing the measure of damages in this State is that such an amount should be allowed as will be a reasonable and adequate compensation for the injuries sustained. By this rule the jury should be governed in reaching their verdict, unless from the evidence they are satisfied that the injuries were inflicted wantonly, recklessly, or in evident disregard of the rights of others. If they are so satisfied, they may add to the amount such further and additional sum by way of punishment as in their judgment seems just under all the circumstances of the case.</p>