Phillips v. Brittingham

Citations

• 25 Del. 173
• 2 Boyce 173
• 77 A. 964
• 1910 Del. LEXIS 89

Syllabus

<p>1. Trespass — Acts Constituting — Real Property.</p> <p>Trespass lies for wrong to the possession of real property, and possession of the plaintiff, wrongful entry by the defendant, and damage therefrom are the necessary elements.</p> <p>2. Trespass — Acts Constituting — Intent.</p> <p>The intent of the person entering is immaterial in an action of trespass if the entry be made without justifiable cause or purpose, or license or title’</p> <p>3. Trial — Province of Jury — Credibility of Witnesses.</p> <p>The credibility of witnesses is solely a question for the jury.</p> <p>4. Master and Servant — Liability—Independent Contractor.</p> <p>In an action of trespass, if the defendant employed an independent contractor to cut timber on his land, and such contractor, without the authority or direction of the defendant, trespassed and cut timber on the land of another, the defendant was not liable.</p> <p>5. Adjoining Landowners — Trees on Line.</p> <p>If a tree stands directly upon the line between two adjoining landowners, it is the common property of both, whether it be marked as a boundary or not.</p> <p>6. Trespass — Acts Constituting — Trees on Boundary.</p> <p>In an action of trespass, a defendant who cuts or orders cut down trees on the boundary line of his property, and which belong to him and an adjoining owner in common, is guilty of trespass, whether he enters on the land of the adjoining owner or not.</p> <p>7. Trespass — Damages—Entry on Real Property.</p> <p>A wrongful entiy on real property entitles the owner to nominal damages, regardless of any injury, and he is entitled to special damages to compensate him for any injury actually incurred.</p>