Legal Opinion

Proprietors of the Kennebeck Purchase v. Boulton

Massachusetts Supreme Judicial Court

Decided May 15, 1808PublishedCited by 11 opinions

This was an action of trespass quare clausum fregit, in which the plaintiffs charged the defendants with breaking their close and cutting down their trees. [ * 420 ] * The three Boultons, with Savage and Cating, were defaulted; the other five defendants pleaded severally the general issue, which was joined by the plaintiffs.

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This was an action of trespass quare clausum fregit, in which the plaintiffs charged the defendants with breaking their close and cutting down their trees. [ * 420 ] * The three Boultons, with Savage and Cating, were defaulted; the other five defendants pleaded severally the general issue, which was joined by the plaintiffs. A jury was impannelled before the Chief Justice at the sittings after the last May term in this county, as well to assess the damages against the five defendants who had been defaulted, as to try the several issues. Upon the trial, there was evidence that all the…

1Opinion of the Court

The action stood continued for advisement until this term, when

Parsons, C. J.,

observed that the five judges had conferred together upon his report, and upon consideration were all of opinion that the damages were rightly assessed by the jury.

The law upon this subject seems to be well settled. When the trespass is found by the jury to be committed severally by the defendants, who plead severally, the damages ought to be severed; but if the trespass be joint, the damages must be jointly assessed, although the defendants plead severally. [11 Co. 5, b, Heydon’s case.] In the case at bar, it…

2Cited by11 opinions

  1. Westfield Gas & Milling Co. v. AbernathyIndiana Court of Appeals · 1893
  2. Everroad v. GabbertIndiana Supreme Court · 1882
  3. Allen v. WheatleyIndiana Supreme Court · 1834
  4. Hincks Coal Co. v. MilanSupreme Judicial Court of Maine · 1937
  5. State ex rel. New Orleans & C. R., Light & Power Co. v. St. PaulSupreme Court of Louisiana · 1903

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