Reed v. Guessford

Citations

• 30 Del. 228
• 7 Boyce 228
• 105 A. 428
• 1918 Del. LEXIS 47

Syllabus

<p>1. Justices of the Peace—Jurisdiction—Trespass.</p> <p>Under Rev. Code 1915, § 4062, conferring upon justice courts jurisdiction of actions of trespass for direct and immediate injuries in destroying personal property, a complaint that defendant overtook plaintiff upon a highway “and with force and arms drove” defendant’s automobile into plaintiff’s automobile “with great force,” breaking and damaging plaintiff’s automobile in the sum of one hundred and fifty dollars, held within the jurisdiction of the court.</p> <p>2. Trespass—Elements—Negligence—Intent.</p> <p>In an action for trespass, whether the forcible act was wilful or by reason of defendant’s negligence is immaterial.</p> <p>3. Action—Form—Trespass and Case Distinguished.</p> <p>In actions where the injmy is occasioned by the forcible act of the defendant, if the injury is direct and immediate the action is trespass, while if consequental or mediate the action is case.</p> <p>4. Highways—Automobiles—Collision.</p> <p>An action for injuries to plaintiff’s automobile resulting from defendant’s forcible act of driving his own automobile against plaintiff’s upon a highway, the injury being direct and immediate, is trespass.</p> <p>5. Trespass—Nature and Elements—Defense.</p> <p>Trespass is an injury to the person, property, or rights of another which is the immediate result of some wrongful act committed with force, either actual or implied.</p>