Woodbridge v. Conner
Supreme Judicial Court of Maine
On Report from Nisi Prius, Tenney, C. J., presiding. Trespass. A witness called by plaintiff testified that he received verbal directions from the defendant to seize property of the plaintiff; he accordingly seized the wagon in controversy, which was worth, perhaps, §65, but which he sold for §55. On cross-examination, the witness stated, that, at the time the defendant gave the directions, the witness had tax bills and a warrant in his hands; that defendant informed witness…
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On Report from Nisi Prius, Tenney, C. J., presiding. Trespass. A witness called by plaintiff testified that he received verbal directions from the defendant to seize property of the plaintiff; he accordingly seized the wagon in controversy, which was worth, perhaps, §65, but which he sold for §55. On cross-examination, the witness stated, that, at the time the defendant gave the directions, the witness had tax bills and a warrant in his hands; that defendant informed witness that the plaintiff had told him he should not pay his tax; and the defendant then told "witness to take property if he…
1Opinion of the Court
*354The opinion of the Cotut was drawn up by
Appleton, J.
It is in proof that the wagon in question, the title to which was in the plaintiff, was seized by one Nickerson, by order of the defendant. If A takes the goods of C, by command of B, it is well settled law that trespass may be maintained against the individual taking them, as well as against the one by whose direction they were so taken.
The taking being proved, it is for the defendant to justify an act which, prima facie, is a trespass. Every imprisonment of a man is prima facie a trespass ; and, "in an action to recover damages therefor,”…
2Cited by2 opinions
- Sanders v. ClineSupreme Court of Oklahoma · 1908
- Tilley v. CottrellSupreme Court of Rhode Island · 1899