James v. Tindall

Decided October 22, 1913

Superior Court of Delaware · decided 1913-10-22

Action by Lillian B. James against Albert Tindall of trespass on the case (No. 22, February Term, 1913) to recover damages for the killing of sixteen turkeys and three chickens belonging to the plaintiff. Plea not guilty. Verdict for the plaintiff. At the trial a witness was produced by the defendant and testified that he saw the defendant shoot the turkeys, belonging to the plaintiff, which were at the time in a field occupied by the defendant.

Decided 1913-10-22

Rice, J.:

¶1We think in this case, under the circumstances as stated by plaintiff’s counsel, the matter covering which inquiry is made is immaterial.

¶2We do not' question the soundness of the law as stated in the case cited, where the killing was necessary to protect animal life, the property of the defendant, but in the present case we think it was neither necessary nor justifiable to kill the turkeys in the protection of grain. The defendant might have impounded the turkeys or brought an action for damages to his property, if any, caused by the fowls.

¶3We therefore sustain the objection.

¶4Thereupon counsel in the case conferred, and stated that judgment should be entered in favor of the plaintiff for an agreed amount.

¶5Verdict for the plaintiff.