Cole v. Fisher
Massachusetts Supreme Judicial Court
Trespass vi et armis, for firing a gun, by which the plaintiff’s horse was frightened, and ran away with his chaise, and broke and spoiled it, &c. The cause came before the Court upon an agreed statement of facts to the following effect, viz.: The defendant, after washing out two guns, went to the door of his shop, and, standing there, discharged one of the guns, for the purpose of drying it, the said shop-door being about one rod distant from the highway.
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Trespass vi et armis, for firing a gun, by which the plaintiff’s horse was frightened, and ran away with his chaise, and broke and spoiled it, &c. The cause came before the Court upon an agreed statement of facts to the following effect, viz.: The defendant, after washing out two guns, went to the door of his shop, and, standing there, discharged one of the guns, for the purpose of drying it, the said shop-door being about one rod distant from the highway. At the time of said discharge, the plaintiff’s horse, harnessed in his chaise, was fastened by his bridle to the fence on the opposite…
1Opinion of the Court
* Sewall, C. J.
Upon this state of facts, our opinion is, that the plaintiff has sustained an injury by the act of the defendant. The plaintiff has a right of action, a just demand for damages; but whether in the form of trespass, or of trespass on the case, is a question of some difficulty in the circumstances of this case.
The well-known distinction of immediate injury and consequen tial injury is the rule upon which our doubts have arisen: in all other respects, the action is clearly maintained for the plaintiff upon the facts agreed.
It is immaterial, as respects the right of action, or the…
2Cited by28 opinions
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- Atchison v. DullamAppellate Court of Illinois · 1885
- Corn v. SheppardSupreme Court of Minnesota · 1930
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