Sampson v. Coy
Massachusetts Supreme Judicial Court
Thf. plaintiff declared in trespass, for that the said Coy, at, &c., on, &c., broke and entered the plaintiff’s close, cut down and carried away ten tons of his grass then and there growing, and broke and entered his dwelling-house, and took and carried away sundry articles of household furniture, of the value, &,c., and other enormities then and there did, &c. The general issue was pleaded and joined ; and also soil and freehold in the defendant, which was traversed.
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Thf. plaintiff declared in trespass, for that the said Coy, at, &c., on, &c., broke and entered the plaintiff’s close, cut down and carried away ten tons of his grass then and there growing, and broke and entered his dwelling-house, and took and carried away sundry articles of household furniture, of the value, &,c., and other enormities then and there did, &c. The general issue was pleaded and joined ; and also soil and freehold in the defendant, which was traversed. At the trial of these issues before Thatcher, J., the plaintiff was permitted to give evidence, not only of the trespasses…
1Opinion of the Court
Curia.
The general principle is that, under alla enormia, nothing can be given in evidence which would of itself form a substantia] ground of action ; but such matter should be specially averred. The reason is, that the defendant cannot be supposed to come prepared to defend against any cause of action of which he has no notice in the declaration.
Thus, under the allegation of breaking and entering the dwelling-house, evidence may be given of keeping the plaintiff out; because that is a consequence of the wrongful entry ; and the time need not be specially averred. But an assault and battery…
2Cited by6 opinions
- Laing v. ColderSupreme Court of Pennsylvania · 1848
- Peshine v. SheppersonSupreme Court of Virginia · 1867
- Wadsworth v. TreatSupreme Judicial Court of Maine · 1857
- Gray v. TobinMassachusetts Supreme Judicial Court · 1925
- Peshine v. SheppersonSupreme Court of Virginia · 1867
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