In re the Writs of Ad Quod Damnum

Citations

• 27 Del. 388

Syllabus

<p>1. Eminent Domain—Proceedings—Writ—“Damages”.</p> <p>A writ of ad quad damnum, which commanded the sheriff to inquire of twelve impartial men the damages a landowner would sustain by the taking of his tract of land, is not defective in limiting the damages to the value of the land, but allows compensation for all the circumstances of detriment to the owner from the taking of the property; the word “damages” meaning all compensation the landowner is entitled to recover under the condemnation act, and the writ not being required to define the term “damages”, that being defined in the act.</p> <p>2. Evidence—Presumptions—Knowledge of Law.</p> <p>In a proceeding to condemn land, it will be presumed that the sheriff and his jury had knowledge of the requirements of the act under which it was held; it being a public statute.</p> <p>3. Eminent Domain—Review—Harmless Error.</p> <p>In a proceeding to condemn land, the writ of ad quad damnum will not be quashed for failure to direct the jury to assess compensation for any particular circumstances of detriment to the owner besides the value of the land, where the owner was unable to show that he was prejudiced or injured by the alleged insufficiency of the writ, or that the jury failed to consider any of the elements of damage.</p> <p>4. Eminent Domain—Proceedings—Discontinuance.</p> <p>A landowner, dissatisfied with the damages awarded by the freeholders upon condemnation of his property, cannot, having sued out a writ ad quad damnum, discontinue the proceedings after verdict has been taken and a return made by the sheriff.</p> <p>5. Eminent Domain—Assessment of Damages—Challenge to Juror.</p> <p>A proceeding for assessment by a sheriff’s jury of the damages caused by the condemnation of land, is not a civil suit, and the right of peremptory challenge does not exist, especially as the statute does not authorize the sheriff to summon more than twelve impartial men to determine the damages.</p> <p>6. Eminent Domain—Assessmen