Munson v. Atwood
Supreme Court of Connecticut
Action for feloniously taking and carrying away two steers of the plaintiff, brought upon the statute, (Rev. Stat., tit. 6, § 44,) which provides that every person who shall feloniously take the property of another “ shall forfeit and pay to the owner of the property so stolen treble the value’ thereof, to be recovered by action founded on this statute.” The case was tried upon the plea of not guilty, closed to the court.
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Action for feloniously taking and carrying away two steers of the plaintiff, brought upon the statute, (Rev. Stat., tit. 6, § 44,) which provides that every person who shall feloniously take the property of another “ shall forfeit and pay to the owner of the property so stolen treble the value’ thereof, to be recovered by action founded on this statute.” The case was tried upon the plea of not guilty, closed to the court. On the trial the plaintiff claimed that he had produced evidence reasonably sufficient to prove the truth of the allegations in his declaration, and claimed that he was…
1Opinion of the CourtEllsworth, J.
This is an action on the statute, to recover treble damages for a felonious taking and carrying away of the plaintiff’s cattle. It is not trespass for single damages, though such an action would have lain, and perhaps under the declaration as it is single damages could have been recovered had the plaintiff made that claim below, but this he did not do. He appears to have made his claim on the statute only, and in the circumstances we can not regard the judge as having committed an error in not allowing single damages, even if they could have been recovered. The common law right does not…
2Cited by18 opinions
- Kilduff v. Adams, Inc.Supreme Court of Connecticut · 1991
- Stuart v. StuartSupreme Court of Connecticut · 2010
- Verrastro v. Middlesex InsuranceSupreme Court of Connecticut · 1988
- Freeman v. Alamo Management Co.Supreme Court of Connecticut · 1992
- Schaffer v. LindyConnecticut Appellate Court · 1986
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