Thayer v. Boyle
Supreme Judicial Court of Maine
Trespass, for wilfully and maliciously setting fire to and burning and destroying the plaintiff’s barn, with its contents, consisting of, &c. There were three counts. The first two were founded on the statute, for the treble damage ; the other was at the common law. The defendant’s counsel offered evidence of the defendant’s good character. It was objected to and excluded.
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Trespass, for wilfully and maliciously setting fire to and burning and destroying the plaintiff’s barn, with its contents, consisting of, &c. There were three counts. The first two were founded on the statute, for the treble damage ; the other was at the common law. The defendant’s counsel offered evidence of the defendant’s good character. It was objected to and excluded. The defendant’s counsel also offered evidence, that one of the plaintiff’s witnesses was habitually intemperate. It was objected to and excluded. Other legal questions raised on the trial, with the views of the Court…
1Opinion of the Court
The opinion of the Court, (Wells, J. dissenting,) was drawn up by
Tenney, J.
— This is an action of trespass, in which the plaintiff seeks to recover damages for the destruction of his barn, and other property. The first and second counts in the writ charge the defendant with having committed the acts alleged in violation of the statute, and the claim is for a sum three times the value of the property destroyed. The third count is at common law for the wilful and malicious destruction of the same property.
It is contended in behalf of the plaintiff that the right to maintain the suit on the…
2Cases cited1 opinion
- Ruan v. PerryNew York Supreme Court · 1805
3Cited by10 opinions
- Robinson v. Van HooserCourt of Appeals for the Sixth Circuit · 1912
- Gebhart v. BurkettIndiana Supreme Court · 1877
- Sundquist v. Hardware Mutual Fire Insurance Co. of MinnesotaIllinois Supreme Court · 1939
- Fahey v. CrottyMichigan Supreme Court · 1886
- McBlain v. EdgarSupreme Court of New Jersey · 1901
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