Alabama Fuel & Iron Co. v. Andrews

This case went to the jury on counts 4 and 5. Count 4 is trespass quare clausum fregit, and, while it charges that in committing the trespass defendant’s servants disarranged and removed the furniture, there is no claim of damages as for a taking or injury to the furniture, but the claim for damages is confined to the injury to the realty and mental and physical suffering as well as punitive damages growing out of said trespass, and the removal of the furniture was merely descriptive of the trespass or ejection of the plaintiff Count 5 is for a trespass in taking temporarily the plaintiff’s…