Billings v. Segar
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, for negligently keeping his fire on his own ground, by which the plaintiff’s trees, &c., were burnt; ad damnum. 300 dollars.
Read the full summary
This was an action of the case against the defendant, for negligently keeping his fire on his own ground, by which the plaintiff’s trees, &c., were burnt; ad damnum. 300 dollars. The action was commenced May 6, 1811. There was a trial upon the general issue November, 1811, in the Circuit Court of Common Pleas, and a verdict returned for the defendant, upon ivhich judgment was rendered in that court January, 1812, from which the plaintiff appealed to this Court, and at April term, 1813, recovered a verdict for 50 dollars damages.
1Opinion of the Court
* Per Curiam.
The object of the statute creating the Circuit Court of Common Pleas was to make its judgment final in all personal actions, where the real cause of complaint did not exceed 100 dollars. This case is expressly within *311the provision of the act. However great the hardship is upon the plaintiff, it is beyond the power of this Court to relieve him. It makes no difference, that the action was commenced before the passing of the act. It applied to all preexisting cases in the Courts of Common Pleas. °The plaintiff is entitled to judgment for his costs in the court below, and the…
2Cited by6 opinions
- Cain v. FrenchCalifornia Court of Appeal · 1916
- Ellis v. WhittierSupreme Judicial Court of Maine · 1854
- Hepworth v. GardnerUtah Supreme Court · 1886
- State v. DorlandSupreme Court of Iowa · 1898
- The People v. FieldsNew York Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.