Churchill v. Watson
Supreme Court of Connecticut
MOTION for a new trial. This was aa action of trespass vi ct artnis. The decían ¡jon stated, that the plaintiff owned and possessed a -tb-i. . of timber or mast, seventy-five feet in length, and about twenty-four inches in diameter; which stick of tim'-i r. tin- plaintiff had procured for the mast of a cutter or vessel of about 190 tons burthen, and, of the value of 48 dollars ; that the plaintiff was employed in building a vessel of the above description, and that a stick…
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MOTION for a new trial. This was aa action of trespass vi ct artnis. The decían ¡jon stated, that the plaintiff owned and possessed a -tb-i. . of timber or mast, seventy-five feet in length, and about twenty-four inches in diameter; which stick of tim'-i r. tin- plaintiff had procured for the mast of a cutter or vessel of about 190 tons burthen, and, of the value of 48 dollars ; that the plaintiff was employed in building a vessel of the above description, and that a stick of timber of the above dimensions, was necessary for a mast of such a vessel; and that the defendant, knowing the facts…
1Opinion of the CourtSmith, J.
The court in rejecting the evidence, and in charging i lie jury, have adopted the principle, that damages are to ho given for the value of the property, with interest, and presumptive damages for the force, only ; without taking into view any of the aggravating circumstances attending the trespass, or the actual damage which the plaintiff sustained by it.
In actions founded in tori, the first object of a jury, should be to remunerate the injured party for ail the real damage he has sustained. In doing this, the value of the article taken or destroyed, forms one item : there may be others, and…
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- Pegram v. StortzWest Virginia Supreme Court · 1888
- Linsley v. BushnellSupreme Court of Connecticut · 1842
- Chykirda v. YanushSupreme Court of Connecticut · 1945
- Fay v. ParkerSupreme Court of New Hampshire · 1872
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