Le Fevre v. Crossan

Citations

• 26 Del. 379
• 3 Boyce 379
• 84 A. 128
• 1912 Del. LEXIS 45

Syllabus

<p>1. Trial—Province of Jury—Weight of Evidence.</p> <p>The jury is the sole and exclusive judge of the weight of conflicting evidence.</p> <p>2. Innkeepers—Duty to Furnish Accommodations.</p> <p>A licensed inn or tavern is a public place, to which the public has a right to go and remain as long as is consistent with the lawful purposes for which the right is exercised; and one entering a barroom of an inn or tavern for the purpose of drink or refreshment, being in a physical condition to receive the same and conducting himself in an orderly and peaceable manner, has the right to remain long enough to satisfy the lawful purpose for which he entered.</p> <p>3. Innkeepers—Injury to Person of Guest—Removal.</p> <p>When a person enters a barroom of a tavern forcibly and wrongfully, or returns thereto in a disorderly manner after having been requested to leave or having been lawfully expelled, or, having entered peaceably and rightfully as one of the public, he thereafter becomes disorderly and refuses to leave upon request, he becomes a trespasser, and may be put out in a proper manner and with so much force as is necessary.</p> <p>4. Innkeepers—Removal—Resistance—Degree of Force.</p> <p>Where a person, being lawfully ejected from a tavern, resists and turns his resistance into an attack, he becomes the assailant, and the one so attacked may thereafter defend himself by the use of sufficient force, to overcome the resistance and protect himself; and if he does not use greater force than is required therefor, and injury results to the person resisting, he cannot recover.</p> <p>5. Innkeepers—Conduct of Business—Removal of Disorderly Person.</p> <p>Before a person, entering the barroom of a licensed tavern upon invitation or permission extended to the public by reason of its character can be forcibly removed, he must have done or threatened to do something by which the invitation or permission is withdrawn and become a trespasser; and if he becomes disorderly, and threate