Howell v. Wood

Citations

• 29 Del. 464
• 6 Boyce 464
• 100 A. 572
• 1916 Del. LEXIS 43

Syllabus

<p>1. Justices of the Peace—Appeal from Justice Court—Jurisdiction.</p> <p>If justice of the peace had no jurisdiction of action of trespass, plaintiff would not be entitled to recover in such action on appeal to Superior Court.</p> <p>2. Justices of the Peace—Trespass for “Direct Injuries” to Personalty—“ Consequential Injuries ”—Jurisdiction.</p> <p>■ Under Rev. Code 1915, § 4062, providing that justices of the jieace shall have jurisdiction of actions of trespass for direct and immediate injuries in destroying and damaging goods or chattels, a justice of the peace has no-jurisdiction of an action of trespass against defendant for damages to an automobile from a collision with defendant’s automobile, which was at time of accident under immediate control of defendant’s son, without presence, direction, or authorization of defendant; the injuries not being direct and immediate but consequential.</p>