4 S.C.L. 45
Supreme Court of South Carolina
Decided April 15, 1806
Supreme Court of South Carolina · decided 1806-04-15
Trespass vi et armis for taking away cattle. The Judge, Trezevant, at the trial, directed-the jury, that if they believed the plaintiff had lost his cattle by the trespass of the defendant, that he was intitled to their value, as well as damages for the outrage ; and the jury found accordingly. contended, that the judge had misdirected the jury, for that damages were recoverable for the trespass, only, and not for the value of the cattle, for the cattle may still be…
Decided 1806-04-15
¶1A recovery in trespass may be pleaded in bar to an action for the same goods, for the taking whereof the damages in trespass have been recovered, if it should appear the goods have been destroyed or converted, jsa that the owner has not repossessed himself of them, and that the damages were given as well for the property as for the trespass. The direction therefore was right.
¶2New trial refused.