Legal Opinion

Murden v. Commissioners of Lewes

Supreme Court of Delaware

Decided October 28, 1919PublishedCited by 1 opinion

Action of trespass m et armis by Charles M. Murden against the Commissioners of Lewes to recover for alleged damages to houseboat, certain personal property therein, as well as for personal injuries resulting from the removal of the boat from the beach and pushing the same into the bay. Judgment below for defendant, which was affirmed. Same case below, 6 Boyce, 48, 96 Atl. .506. Plaintiff brings error.

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Action of trespass m et armis by Charles M. Murden against the Commissioners of Lewes to recover for alleged damages to houseboat, certain personal property therein, as well as for personal injuries resulting from the removal of the boat from the beach and pushing the same into the bay. Judgment below for defendant, which was affirmed. Same case below, 6 Boyce, 48, 96 Atl. .506. Plaintiff brings error. It was claimed by the defendant in error that some time in the summer of 1910 the plaintiff in error asked permission of the corporate authorities of Lewes to place his houseboat on the beach…

1Opinion of the Court

Curtis, Ch.,

delivering the opinion of the court:

The case is here on a writ of error to the Superior Court for Sussex county. Charles M. Murden brought his action there to recover damages for injury to his houseboat and contents which had been pushed from the beach at Lewes into the water, admittedly by order of the Commissioners of Lewes, the defendant, claiming that it was an illegal obstruction on Bay avenue. Permission had been given to the plaintiff to pull the houseboat out of the water for repairs, and the owner had ignored more than one notice to remove it.

In the charge to the jury it…

2Cases cited6 opinions

  1. Yates v. MilwaukeeSupreme Court of the United States · 1871
  2. People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
  3. Baumgartner v. HastyIndiana Supreme Court · 1885
  4. Town of Davis v. DavisWest Virginia Supreme Court · 1895
  5. Coast Co. v. Mayor of Spring LakeNew Jersey Court of Chancery · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Porter v. City of LewistonIdaho Supreme Court · 1925

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