Gammon v. Havelock

In this case the declaration alleged that the defendants with force and arms drove their wagon upon the wagon of the plaintiff, throwing her out and causing injuries, so that the plaintiff was compelled to and did pay out $300 in being cured thereof.

The evidence was that the team of the defendants was being driven by their servant, and this, it is said, will not sustain a count of trespass vi et armis, but is only applicable to an action on the case.

If from the first count of the declaration the words “ with force and arms ” be stricken, it would be a good count in case.

There was no evidence…