Legal Opinion

Fahey v. Niles

Superior Court of Delaware

Decided December 6, 1918No. Summons Case, No. 106PublishedCited by 5 opinions

Action by Patrick Fahey against John B. Niles to recover damages for injury to and destruction of personal property by fire and water. Verdict for plaintiff. Error by defendant to the Supreme Court was subsequently dismissed upon application of the parties.

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Action by Patrick Fahey against John B. Niles to recover damages for injury to and destruction of personal property by fire and water. Verdict for plaintiff. Error by defendant to the Supreme Court was subsequently dismissed upon application of the parties. The plaintiff introduced testimony to show that about half past three o’clock in the afternoon of the twenty-first of August, 1917, one of the painters employed by defendant’s contractor in removing paint from plaintiff’s house, which defendant had purchased, came into the kitchen of plaintiff’s residence with a bucket, saying, “Wehave a…

1Opinion of the Court

Boyce, J.,

charged the jury in part:

This is an action by Patrick Fahey against John B. Niles to recover damages to property alleged to have been occasioned by the negligence of the defendant.

The plaintiff claims that his furniture and household goods were seriously damaged or destroyed by a fire on the twenty-first day of August, 1917, at his then place of residence in this city. It is conceded .that the defendant had previously purchased the house in which the plaintiff was residing; and also that the defendant, by and with the consent of the plaintiff, was having old paint burnt off the…

2Cases cited1 opinion

  1. Jacoby v. BolenSuperior Court of Delaware · 1907

3Cited by5 opinions

  1. Ciociola v. Delaware Coca-Cola Bottling CompanySupreme Court of Delaware · 1961
  2. Oberly v. Howard Hughes Medical InstituteCourt of Chancery of Delaware · 1984
  3. In Re the Purported Last Will & Testament of LangmeierCourt of Chancery of Delaware · 1983
  4. Handy v. Uniroyal, Inc.District Court, D. Delaware · 1971
  5. Jackson v. Hearn Brothers, Inc.Supreme Court of Delaware · 1965

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