Brannin v. Johnson
Supreme Judicial Court of Maine
Exceptions from the District Court. This was an action of trespass for taking three cows. The general issue was pleaded, and a brief statement filed justifying the taking of the cows by William Wyman, a deputy sheriff, under the defendant, who was sheriff of the county, as the property of one James Kennedy, on a writ of attachment against him in favor of one Abraham Wing.
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Exceptions from the District Court. This was an action of trespass for taking three cows. The general issue was pleaded, and a brief statement filed justifying the taking of the cows by William Wyman, a deputy sheriff, under the defendant, who was sheriff of the county, as the property of one James Kennedy, on a writ of attachment against him in favor of one Abraham Wing. Whitman J. who tried the cause, directed the jury that if they found a verdict for the plaintiff it would be reasonable that they should give hiái in damage, the value of the cows at the time they were taken, and something…
1Opinion of the Court
The opinion of the Court was delivered by
Weston C. J.
In certain actions, such as those brought for an assault, for libel or defamation, there can be no fixed or settled scale of damages. In such cases, Courts do not interfere with the verdict of a jury, unless the damages given are decidedly and manifestly excessive. Some of the cases, cited for the plaintiff, are of this class. But for an injury done to property, such as trespass de bonis asportatis, which is the case before the Court, the value of the property at the time of the injury, is the measure of damages. There may be circumstances,…
2Cited by3 opinions
- Dorsey v. ManloveCalifornia Supreme Court · 1860
- Aber v. BrattonMichigan Supreme Court · 1886
- City of Grand Rapids v. BennettMichigan Supreme Court · 1895