GENERAL PROVISIONS RESPECTING THE POLICE.
AN ACT for the More Effectual Protection of Property against Fire.
Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:
SECTION 1. That if any owner or owners, tenant or tenants, occupier or occupiers, of land within the State shall set fire to any brush or other combustible matter on such land for any purpose whatsoever, and shall in setting fire to such brush or other combustible matter omit to observe reasonable care and prudence, by reason whereof the property, real or personal, of any other person or persons shall be destroyed or impaired, such owner or owners, tenant or tenants, occupier or occupiers, shall be liable to pay the damage resulting therefrom, to be recovered in an action on the case in the Superior Court of this State; Provided, that damages to an amount not exceeding one hundred dollars may be recovered in an action of debt before any Justice of the Peace of the county wherein the fire occurred, but in case of a recovery before a Justice of the Peace no further recovery shall be had by the plaintiff therein or his legal representatives of damages resulting from the same fire.
SECTION 2. That if any railroad company owning or operating any railroad within this State shall suffer to remain on any part of the land owned or controlled by it for railroad purposes within this State any brush or other combustible matter, and if such brush or other combustible matter shall from any cause whatsoever be set on fire, and by reason thereof, the property, real or personal, of any person or persons shall be destroyed or impaired, such railroad company shall be liable to pay the damages resulting therefrom, to be recovered in the same manner as provided in the first Section of this act in the case of individuals liable for damages resulting from fire.
Passed at Dover, April 5, 1881.