Simmons v. Thompson
Ohio Superior Court, Cincinnati
This was a petition in error to reverse a judgment rendered by Storer, J. at Special Term, in an action brought by the present plaintiff, to recover damages for an alleged trespass committed by the defendants, in forcibly entering upon certain premises, (situated in Cincinnati,) in posses* sion of the plaintiff, and evicting him and his goods therefrom.
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This was a petition in error to reverse a judgment rendered by Storer, J. at Special Term, in an action brought by the present plaintiff, to recover damages for an alleged trespass committed by the defendants, in forcibly entering upon certain premises, (situated in Cincinnati,) in posses* sion of the plaintiff, and evicting him and his goods therefrom. Upon the trial of the original cause, it appeared in evidence, that at the time of the alleged grievance the plaintiff was occupying a small room as a cigar store, on the ground floor of a block of buildings owned by two of the defendants,…
1Opinion of the CourtSpencer, J.
The only part of the case, to which the charge could properly be applied, was the forcible entry by the defendants into the premises, after they had been vacated by the plaintiff, and removing some rubbish, left there by the plaintiff for the sole purpose of retaining his unlawful possession; in the doing of which no harm was occasioned the plaintiff unless the mere forcibly breaking and entering into the premises, constituted such harm. Upon a careful examination of numerous cases on this subject, both English and American, we have not found one in which it has been held, that a person…
2Cases cited3 opinions
- Overdeer v. LewisSupreme Court of Pennsylvania · 1841
- Brock v. BerrySupreme Judicial Court of Maine · 1850
- Weldon v. BuckNew York Supreme Court · 1809
3Cited by1 opinion
- Stanley v. GustinOhio Court of Appeals · 1948