Chaffee v. Pease
Massachusetts Supreme Judicial Court
Tort for trespass to real estate. At the trial in the superior court, before Wilkinson, J., the only question in dispute was as to the title to the premises. The jury returned a sealed verdict for the plaintiff, without assessing any damages, which verdict was affirmed and recorded, and the jury dismissed.
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Tort for trespass to real estate. At the trial in the superior court, before Wilkinson, J., the only question in dispute was as to the title to the premises. The jury returned a sealed verdict for the plaintiff, without assessing any damages, which verdict was affirmed and recorded, and the jury dismissed. The plaintiff thereafter moved that the verdict be amended, by the insertion therein of a finding of nominal damages, and that judgment be rendered for nominal damages; but the motion was overruled. The defendant moved in arrest of judgment, on the ground that the verdict was defective; but…
1Opinion of the CourtGray, J.
In this action for trespass upon real estate, the parties being at issue on the question of title, the plaintiff, upon proof of his title, was entitled as of course to nominal damages tor the violation of nis right, if he proved no actual damage. Bolivar Manuf. Co. v. Neponset Manuf. Co. 16 Pick. 247. Appleton v. Fullerton, 1 Gray, 194. Dixon v. Clow, 24 Wend. 191. The omission of the jury expressly to return such damages in their verdict for the plaintiff was a defect of the most formal character, which cannot be allowed to defeat the right of the plaintiff and the manifest intention of the…
2Cases cited5 opinions
- Matheson's Admin. v. Grant's Admin.Supreme Court of the United States · 1844
- Parks v. TurnerSupreme Court of the United States · 1851
- Roach v. HulingsSupreme Court of the United States · 1842
- Foster v. Estate of CaldwellSupreme Court of Vermont · 1846
- Freeland v. SouthworthNew York Supreme Court · 1840