Champion v. Vincent
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. James H. Bell. Suit commenced by appellant against appellee, in a Justice’s Court, for the value of three hogs, the property of plaintiff, killed by defendant by shooting, $25 ; exemplary damages for killing said hogs, $75. Judgment in the Justice’s Court for plaintiff for $10, value of the two hogs, and $75 exemplary damages. Removed by defendant, by certiorari, to the District Court.
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Appeal from Brazoria. Tried below before the Hon. James H. Bell. Suit commenced by appellant against appellee, in a Justice’s Court, for the value of three hogs, the property of plaintiff, killed by defendant by shooting, $25 ; exemplary damages for killing said hogs, $75. Judgment in the Justice’s Court for plaintiff for $10, value of the two hogs, and $75 exemplary damages. Removed by defendant, by certiorari, to the District Court. At the trial in the District Court, the evidence was as follows :— The plaintiff introduced P. A. Ashe, as a witness, who testified that he was acquainted with…
1Opinion of the CourtWheeler, J.
We think the Court erred in the last instruction given to the jury. For every infraction of a man’s legal rights, the law gives a remedy by action. And was it not an infraction of the plaintiff’s rights to have his property shot down without his consent and against his will ? Undeniably it was a trespass, for which an action will lie, and for which the plaintiff is entitled to recover damages. The law supposes that every trespass, committed upon property, is necessarily attended with some damage, however inconsiderable the injury; and hence the right to a recovery of damages for a trespass,…
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- Heiligmann v. RoseTexas Supreme Court · 1891
- Flanagan v. WomackTexas Supreme Court · 1880
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