Legal Opinion

Herrin v. Eaton

Supreme Judicial Court of Maine

Decided May 15, 1836PublishedCited by 2 opinions

This was an action of trespass on the case. The first count alleged, that the defendants, being common carriers between Clinton and Jlallowell, received from the plaintiff, on board tbeir boat, to be safely carried, 758 bushels of oats, to bo delivered at Mallowell; and that the defendants did not deliver the same, but carried them in so negligent and careless manner, “ that the boat was filled with water, and the oats were lost.” The second count was in trover for the oats.

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This was an action of trespass on the case. The first count alleged, that the defendants, being common carriers between Clinton and Jlallowell, received from the plaintiff, on board tbeir boat, to be safely carried, 758 bushels of oats, to bo delivered at Mallowell; and that the defendants did not deliver the same, but carried them in so negligent and careless manner, “ that the boat was filled with water, and the oats were lost.” The second count was in trover for the oats. The defendants filed a plea in abatement, stating in substance, that at the time when “ the oats mentioned in the…

1Opinion of the Court

The opinion of the Court was drawn up by

Weston C. J.

The point more directly presented to our consideration upon these pleadings is, whether the Eatons should have been joined, as plaintiffs in this action. This will depend upon the question, whether upon the facts set forth in the plaintiff’s declaration, one tenant in common of a chattel can maintain an action, like the one before us, against his co-tenants.

If one tenant in common destroy the common property, trespass lies against him by his companion. Coke Litt. 200 b. So if one misuse a chattel owned in common, he is liable to the action…

2Cases cited3 opinions

  1. Hyde v. StoneNew York Supreme Court · 1831
  2. Mersereau v. NortonNew York Supreme Court · 1818
  3. Sheldon v. SkinnerNew York Supreme Court · 1830

3Cited by2 opinions

  1. Williams v. . HaysNew York Court of Appeals · 1894
  2. Alderson v. SchulzeWisconsin Supreme Court · 1885

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