13 Del. 14
Decided October 15, 1887
Superior Court of Delaware · decided 1887-10-15
Trespass on the Case for damages sustained by the plaintiff, by the breaking down of a bridge on a public road in West Dover Hundred, under a wagon and team of two horses, laden with a half to three-quarters of a cord of seasoned wood, in September, 1884, and by which one of the horses, as well as himself, was seriously injured.
Decided 1887-10-15
¶1sustained the motion and granted a nonsuit, Comegys, C. J., stating that the overwhelming weight of authority seemed to be in favor of the proposition that no action of tort will lie against such a public division of the State as the county or such a body as the Levy Court. -
¶2The case cited from 2 Wallace, 501, Levy Court v. The Coroner, was an action of assumpsit on a contract between the parties.