Gilpatrick v. Hunter
Supreme Judicial Court of Maine
Exceptions from the Middle District Court, Redington J. presiding. Trespass for breaking the ' plaintiff’s wagon, tearing his clothes, and injuring his person. The suit was commenced against the present defendants and Seth Leonard. A brief • statement alleged, that the demand was fully paid and satisfied, and the action discharged. At the trial the defendants offered • in evidence a receipt signed by the defendant, in these words.
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Exceptions from the Middle District Court, Redington J. presiding. Trespass for breaking the ' plaintiff’s wagon, tearing his clothes, and injuring his person. The suit was commenced against the present defendants and Seth Leonard. A brief • statement alleged, that the demand was fully paid and satisfied, and the action discharged. At the trial the defendants offered • in evidence a receipt signed by the defendant, in these words. “Lisbon, December 20, 1841. This day received of Seth Leonard five dollars in full for a trespass and damage done me on the road from Bath to Topsham, which damage…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
The plaintiff commenced an action of trespass against the defendants and Seth Leonard, for a joint trespass committed upon his person and property. He afterward received of Leonard five dollars “in full of said Leonard’s trespass, where he and Wilson P. Hunter were in company, together with others.” The question presented is, whether this operated to discharge the other joint trespassers.
In a joint trespass, or tort, each is considered as sanctioning the acts of all the others, thereby making them his own. Each is therefore liable for the whole damage,…
2Cited by11 opinions
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Abb v. Northern Pacific Railway Co.Washington Supreme Court · 1902
- McBride v. ScottMichigan Supreme Court · 1903
- Emery Waterhouse Co. v. LeaSupreme Judicial Court of Maine · 1983
- Hubbard v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
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