Davenport v. Russell
Supreme Court of Connecticut
MOTION for a new trial. Tisis was an action of trespass vt d arrnis. It was alleged in the declaration, that on the 20th day of Sejitember, 1809, the plaintiff owned and possessed a certain dwelling-house in Ea*t-I1aven ; that on the night following said 20th day of •⅜plcmber, about 12 o’clock at night, the wife and family of the plaintiff there being in the occupation of said house, and the plaintiff being absent on a journey out of this state, (and that known to the…
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MOTION for a new trial. Tisis was an action of trespass vt d arrnis. It was alleged in the declaration, that on the 20th day of Sejitember, 1809, the plaintiff owned and possessed a certain dwelling-house in Ea*t-I1aven ; that on the night following said 20th day of •⅜plcmber, about 12 o’clock at night, the wife and family of the plaintiff there being in the occupation of said house, and the plaintiff being absent on a journey out of this state, (and that known to the defendant,) the defendant came to the plaintiff’s said house, and with force and arms, broke and entered into said house, with…
1Opinion of the CourtEdmond, J.
The grounds on which the defendant fonmh-1⅛ claim for a new tria!, as presented by hi» motion, are.
*147⅜. That the court erred iti ivp-cling the testimony of competent witnesses offered by him, on the tria!, to prove that the wife of the plaintiff', at the time the trespass was alleged to have been cumrnilUd, was a women of a h ud and abandoned character; which testimony was offered to mitigate the damages, as well as for other purposes.
2. Thai after the exclusion of such testimony, the defendant claimed the law to be so, that the jury ought not to give any damages for the supposed frightening of…
2Cited by2 opinions
- Curtiss v. HoytSupreme Court of Connecticut · 1848
- Fahey v. CrottyMichigan Supreme Court · 1886