Ponder v. Maryland, Delaware & Virginia Railway Co.

Citations

• 28 Del. 428
• 5 Boyce 428
• 94 A. 514
• 1915 Del. LEXIS 24

Syllabus

<p>1. Damages—Fires—Measure of Damages.</p> <p>In an action for the burning of timber on a tract adjoining a railroad, brought under Rev. Code 1915, § 3448, providing that if a railroad allows combustible material to remain on land owned by it, and such brush is set on fire by any cause, the railroad company shall be liable for the damages thereby caused to the owner of other property, the measure of damages is the difference of the value of the property immediately before the fire, including the timber, young and old, and its value thereafter.</p> <p>2. Evidence—Conflicting Evidence.</p> <p>Where the evidence is conflicting, the jury should reconcile it, if they can, and, if not, should accept that which they believe worthy of credit, and reject that, if any, which they believe unworthy of credit, talcing into consideration the apparent fairness of the witnesses, including expert witnesses, their intelligence, and the opportunities which they had for seeing and observing the facts as to which they have testified.</p> <p>3. Trial—Questions for Jury—Credibility of Witnesses.</p> <p>The jury are the sole judges of the credibility of the witnesses and the weight and value of their testimony.</p> <p>4. Evidence—Weight of Evidence.</p> <p>In an action for damages caused by fire originating in brush left on a railroad right of way, the verdict should be for that party in whose favor is the preponderance of the evidence.</p>