Loubz v. . Hafner
Supreme Court of North Carolina
From Lincoln. The Plaintiff declared in trespass vi et armis, and on the trial before Strange ( Judge, offered to prove that, as he was passing with his wagon on the highway, the Defendants came into the road (but not so as’ to interrupt the Plaintiff’s progress) and commenced beating a drum for the purpose of frightening his horses, whereupon they took fright, ran away, and damageththe PljunfjfT’s wagon, &c. hut the*presiding Judge being of opinion that case, and not…
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From Lincoln. The Plaintiff declared in trespass vi et armis, and on the trial before Strange ( Judge, offered to prove that, as he was passing with his wagon on the highway, the Defendants came into the road (but not so as’ to interrupt the Plaintiff’s progress) and commenced beating a drum for the purpose of frightening his horses, whereupon they took fright, ran away, and damageththe PljunfjfT’s wagon, &c. hut the*presiding Judge being of opinion that case, and not trespass, was the. proper remedy, the Defendants had a verdict. A new trial was afterwards moted and denied, and the Plaintiff…
1Opinion of the Court
Tatlor, Chief-Justice.
All the authorities concur in the position, that whenever the injury is committed Ijf the immediate act complained of, the action must be trespass; in other words, “if the injurious act be the immediate result of the force originally applied by the Defendant, it is the subject of an action of trespass vi et armis, by all the cases ancient and modern, and that it is immaterial whether the injury be wilful or not.”',Several cases are put to illustrate this rule, as when one shooting at a mark with a bow and arrow, and having ho unlawful purpose in view, wounded a man, it…
2Cited by6 opinions
- Smith v. PateSupreme Court of North Carolina · 1957
- Kirby v. Jules Chain Stores Corp.Supreme Court of North Carolina · 1936
- Connolley Ex Rel. Connolley v. Omaha Public Power DistrictNebraska Supreme Court · 1970
- Connolley Ex Rel. Connolley v. Omaha Public Power DistrictNebraska Supreme Court · 1970
- State v. . LawrenceSupreme Court of North Carolina · 1929
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