Abercrombie & Williams v. Windham
Supreme Court of Alabama
Appeal from tbe Circuit Court of Coffee. Tried before tbe Hon. J. W. Foster. This action was brought by tbe appellee, Hugh Wind-barn, against Abercrombie & Williams, to recover damages for trespass quare clausum fregit. Tbe facts of tbe case necessary to an understanding of tbe decision on tbé present appeal, are sufficienly stated in tbe opinion.
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Appeal from tbe Circuit Court of Coffee. Tried before tbe Hon. J. W. Foster. This action was brought by tbe appellee, Hugh Wind-barn, against Abercrombie & Williams, to recover damages for trespass quare clausum fregit. Tbe facts of tbe case necessary to an understanding of tbe decision on tbé present appeal, are sufficienly stated in tbe opinion. Tbe court in its general charge, 'among other things, instructed tbe jury as follows: “If you find from the evidence that plaintiff is entitled to recover, then and in that event, tbe measure of plaintiff’s damages is tbe amount of tbe difference…
1Opinion of the CourtDowdell, J.
This is an action of trespass quare clausum fregit brought by appellee against appellants The plaintiff claims in his complaint damages for a con-*182tinning .trespass upon Ms land by defendants’ stock, from the 8th day of May, 1898, to the 20th day of July, thereafter. The evidence fails to show a continuing trespass as averred in tlie complaint, but on the contrary without conflict shows several separate and distinct trespasses between the dates named in the complaint. On this state of the evidence, the defendants were entitled to the affirmative charge requested by them in writing.
There was no…
2Cited by10 opinions
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- Foust v. KinneySupreme Court of Alabama · 1918
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- Lee v. GidleySupreme Court of Alabama · 1949
- Fuller v. FairSupreme Court of Alabama · 1919
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