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3 Day 447

Edwards v. Beach

Supreme Court of Connecticut

Decided June 15, 1809

Supreme Court of Connecticut · decided 1809-06-15

WRIT of error. Beach brought his action of trespass to the county court against Edwards and Downs, declaring, that he was a tavern or innkeeper; that he was the owner of a certain painted board or sign, on which was written his name and occupation, to enable him to obtain custom; that the same was suspended beiore his house in the highway, and was of the value of twenty dollars; and the defendants, with force and arms, look and carried away, and burned and destroyed said…

Decided 1809-06-15

By the Court.

¶1This is an action of trespass vi r:t arrnis, and sounds in damages.

¶2*450The declaration charges a violation of the plaintiff’s right of property and possession by force, and the abduction and destruction of property of a certain value. The value of the property, or the amount of the injury done to it, is not the only ground of damages: the plaintiff is entitled to recover for the force and injury, according to the nature and circumstances of the case, and the aggravations attending it, as well as for the value of the property taken. Were it otherwise, a person so disposed might forcibly dispossess another of any article of property at his pleasure, and compel the owner, however unwilling, to accept of the value in its stead.

¶3Judgment affirmed.

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