Vansant v. Kowalewski

Citations

• 28 Del. 92
• 5 Boyce 92
• 90 A. 421
• 1914 Del. LEXIS 15

Syllabus

<p>1. Evidence—Questions for Jury—Consideration of Evidence— Credibility of Witnesses.</p> <p>The evidence is for the consideration of the jury, to be sifted and considered in a fair and honest manner. Where the evidence is conflicting, the jury must reconcile it if they can; but, if not, they are to believe such witnesses as they deem most worthy, and reject that evidence which is less worthy of credit, having regard to the interest, bias, or prejudice of the witnesses, their intelligence, and their opportunity to have seen, understood, and remembered that to which they have testified.</p> <p>2. Innkeepers—Guests—Injuries—Civil Action—Defenses—Trespassers.</p> <p>Where plaintiff sued for an assault and battery upon him, and the defense was that plaintiff and his companion were trespassers in defendant’s tavern and were ejected by defendant and his servant without unlawful force, the plaintiff cannot be held responsible for unlawful acts on the part of his companion, and the defendant is not liable fqr the assault committed upon the companion.</p> <p>3. Innkeepers—Implied License—Tavern.</p> <p>, A licensed tavern is a public place, which a person has a right to enter, and in which he may remain a reasonable time, provided he conducts himself in an orderly and peaceable manner.</p> <p>4. Assault and Battery—Implied License—Disorderly Conduct. Where one who has entered a tavern conducts himself therein in a disorderly manner, and refuses to leave upon request, he becomes a trespasser, and may be ejected by a resort to so much force as is necessary, without acquiring a right of action for such ejection.</p> <p>5. Assault and Battery—Civil Action—Defenses—Ejecting Trespasser.</p> <p>Before the proprietor of a barroom can forcibly remove a person therefrom, such person must have committed some act by which he becomes a trespasser, and must have first been o’rdered to leave before the proprietor is entitled to use such force as is necessary to remove him.</p> <p>6. Assau