Sampson v. Coy

Decided May 15, 1819

Massachusetts Supreme Judicial Court · decided 1819-05-15

Thf. plaintiff declared in trespass, for that the said Coy, at, &c., on, &c., broke and entered the plaintiff’s close, cut down and carried away ten tons of his grass then and there growing, and broke and entered his dwelling-house, and took and carried away sundry articles of household furniture, of the value, &,c., and other enormities then and there did, &c. The general issue was pleaded and joined ; and also soil and freehold in the defendant, which was traversed.

Cited by 2 later decisions — most recently April 1925

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1819-05-15

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Curia.

¶1The general principle is that, under alla enormia, nothing can be given in evidence which would of itself form a substantia] ground of action ; but such matter should be specially averred. The reason is, that the defendant cannot be supposed to come prepared to defend against any cause of action of which he has no notice in the declaration.

¶2Thus, under the allegation of breaking and entering the dwelling-house, evidence may be given of keeping the plaintiff out; because that is a consequence of the wrongful entry ; and the time need not be specially averred. But an assault and battery cannot be proved, for the reasons aforesaid, (a)

¶3A new trial was granted, with leave to the plaintiff to amend his declaration upon terms.

¶41 Chitty, Pl. 442, 5th Land, ed— 2 Phill. Ev. 134.