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2 D.C. 311

Gorman v. Marsteller

Decided May 15, 1822

Trespass quare clausum fregit. The close was called Spring Garden, the greater part of which was in Virginia, and the remainder in the County of Alexandria, in the District of Columbia. The entry upon the District part, was with intent .to do an injury in the Virginia part; and without such intent, the entry would not have been a,trespass.’

Decided 1822-05-15

The Court(Thruston, J., absent,)

¶1at November term, 1821, instructed the jury, 1st! That the plaintiff must prove a trespass in the County of Alexandria, in the District of Columbia.

¶22d.

(Cránch, O. J., strongly doubting.)

¶3That the injuries done on the Virginia side of the line might be given in evidence under the alia enormia ; and

¶43d. That an entry on the district part of the close, with intent to do the injury on the other part, was a trespass.

¶5See Pope v. Davies, 2 Camp. 266; Bulwer’s case, 7 Co. 1; Doulson v. Matthews, 4 T. R. 503; Mostyn v. Fabrigas, Cowp. 164; Alves v. Hodgson, 7 T. R. 241.

¶6Verdict for the plaintiff, $100.

¶7A motion for a new trial, upon a suggestion of misdirection of the jury by the Court, as to the admission of evidence of injuries done in Virginia under alia enormia, (those injuries being of themselves- substantial causes of action in Virginia,)

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