Mason v. Hawes
Supreme Court of Connecticut
Action for breaking and entering an office occupied by the plaintiff, and removing the furniture in it; brought to the Court of Common Pleas, and tried to the jury before Hall, J. Verdict for the plaintiff and appeal by the defendant for error in the charge of the court. The case is sufficiently stated in the opinion.
1Opinion of the CourtPark, C. J.
In this action, which is one of trespass to real estate, the court charged the jury upon the question of damages as follows: “If the jury find, that with a knowledge of the impropriety of forcibly dispossessing the plaintiff, the defendant, wholly disregarding the plaintiff’s rights, proceeded to forcibly remove his goods, they might not only consider the actual damage to the plaintiff’s property, but also the expense incurred in seeking at law a redress of his injury.”
We think the court erred in this instruction. The true rule on the subject may be found in the case of St. Peter's Church v.…
2Cases cited4 opinions
- Wilson v. Town of GranbySupreme Court of Connecticut · 1879
- Larkin v. AverySupreme Court of Connecticut · 1854
- St. Peter's Church v. BeachSupreme Court of Connecticut · 1857
- Platt v. BrownSupreme Court of Connecticut · 1862
3Cited by11 opinions
- Welk v. BidwellSupreme Court of Connecticut · 1950
- Hartford Realization Co. v. Travelers InsuranceSupreme Court of Connecticut · 1933
- Buchanan v. CritesUtah Supreme Court · 1944
- Daluiso v. BooneCalifornia Supreme Court · 1969
- Smyth Sales, Inc. v. Petroleum Heat & Power Co.Court of Appeals for the Third Circuit · 1944
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