Benton v. Dale
New York Supreme Court
Trespass quare clausum fregit, and for catting down an<$ destroying the trees, underwood, &c. of the plaintiff. The declaration contained two counts : the first under the statute. (1 R. L. 525, s. 29.) The second was general. The cause was commenced in the Common Fleas, and removed into this Court by hab. corp. On trial at the Circuit, the Verdict was general for the plaintiff, with 11 dollars damages.
Read the full summary
Trespass quare clausum fregit, and for catting down an<$ destroying the trees, underwood, &c. of the plaintiff. The declaration contained two counts : the first under the statute. (1 R. L. 525, s. 29.) The second was general. The cause was commenced in the Common Fleas, and removed into this Court by hab. corp. On trial at the Circuit, the Verdict was general for the plaintiff, with 11 dollars damages. The Circuit Judge certified that the trespass was wilful and malicious, and that the evidence applied to the first count. Hastings, moved for treble damages and treble costs ; or, if the Court…
1Opinion of the Court
Curia.
It is a sufficient answer to the application for trebling the damages, &c. that the verdict is general on both counts. To entitle the plaintiff to have the damages and costs trebled, it should have been on the first count only, which was upon the statute.
As to the application for single costs, the argument seems to have proceeded upon a misapprehension of the 7th section, which does not give costs, in the Common Pleas, in trespass on land, riot concerning freehold or title, though the; Court should certify that the trespass was wilful and mali-. cious. This is an action provided for in…
2Cited by3 opinions
- Purton v. WatsonCity of New York Municipal Court · 1888
- Salmon v. M. E. Blasier Manufacturing Co.New York Supreme Court · 1907
- Hugill v. ReedSupreme Court of New Jersey · 1887