Truitt v. Warrington

Citations

• 26 Del. 357
• 3 Boyce 357
• 84 A. 9
• 1912 Del. LEXIS 41

Syllabus

<p>1. Trespass—Extent of Proof.</p> <p>In trespass de bonis asportatis, plaintiff, in order to recover, must prove (1) property, with the qualification that possession, in the absence of testimony to the contrary, is prima facie evidence of ownership; (2) the trespass, viz., the taking by defendant; and (3) the damages, which, if the taking was unlawful, would be the value of the goods.</p> <p>2. Trespass—Action—Constructive Possession.</p> <p>A person has constructive possession of property, when it belongs to him, but is either in the actual custody and possession of another, or when it is in the care or custody of a servant, agent, or overseer, or in the hands of a bailee for custody, carriage, or other service as depositary, mandatory, carrier, borrower, or the like; the bailee in possession having no title and right of enjoyment of the property, and the owner being authorized to take it at its pleasure, under which circumstances the general owner may sue in trespass as for an injury to his actual possession, since a general property draws to itself the possession, there being no intervening adverse right of enjoyment.</p>