¶1(nem. con.) said that the want of a sufficient fence was not a justification of breaking the pound; but may be given in evidence in mitigation of damages; the Court having before permitted the- plaintiff to give evidence of the ■ actual damage done by the cattle in the plaintiff’s garden in aggravation of damages.
4 D.C. 187
Young v. Hoover
Decided December 15, 1831
Trespass and pound-breach. contended that it was no justification of the pound-breach; and cited Bradby on Distress, 287; Cotsworth v. Bettison, 1 Salk. 247; Lindon v. Hooper, Cowp. 414; 1 Rol. Ab. 674, 1. 5; Co. Lit. 47 b, and Latrobe’s Justice, 135. Mr. Marbury, in reply. If the distress be unlawful, the owner may take them out of pound if it be not locked, only latched, so as no violence be used. Com. Dig. Tit. Distress, D. 2, p. 500.
Decided 1831-12-15