Layton v. Hudson

Citations

• 25 Del. 573
• 2 Boyce 573
• 83 A. 134
• 1911 Del. LEXIS 90

Syllabus

<p>1. Negligence — Fires—Burden of Proof.</p> <p>In an action for negligence in setting fire, the burden of proving that the negligence alleged caused the damage to plaintiff, by a preponderance of the evidence, is on the plaintiff; such negligence never being presumed.</p> <p>2. Negligence — Fires—Notice to Adjoining Property Owner — Omission — Negligence Per Se.</p> <p>18 Del. Laws, c. 93, § 1, provides that it shall not be lawful for any person to set fire to any grass, brush, or other substance, where the burning thereof will in any manner endanger any timber or other property, without first giving sufficient notice to the owners or occupiers of such timber as will enable them to take necessary steps to guard against such damage as they may deem proper of his intention to set'fire to such grass, brush, or other substance, and using all due necessary precaution on his part to prevent any damage or loss to the timber or property of others. Held, that the setting of fires without giving the notice prescribed is negligence per se.</p> <p>3. Negligence — Fires—Notice—Failure to Give.</p> <p>Where an adjoining property owner fires brush on his land, without giving the notice required by 18 Del. Laws, c. 93, § 1, he is not relieved from liability for damages caused by the escape of fire by proof that he used proper care and caution m starting and controlling the same.</p> <p>4. Negligence — Fires—Escape—Notice.</p> <p>Where defendant set fire t'o grass, brush, and other substances on hi s own property, and the burning thereof in no manner endangered timber or other property of the plaintiff, and defendant thereafter exercised proper care and caution in the control of the fire, he was not liable for damages caused by the burning of plaintiff’s property, though he did not give the notice required by 18 Del. Laws, c. 93, § 1.</p> <p>5. Damages — Fires—Escape—Burning Timber — Damages.</p> <p>In an action for damages due to the escape of fire from defendant’s land, burning