¶1held, that where the plaintiff counts in trespass quare clcmsum fregit, he cannot support the action by proving a trespass in taking and carrying away goods only; and overruled Sampson v. Henry, 13 Pick. 36, so far as it is opposed to this view. New trial granted.
62 Mass. 337
Eames v. Prentice
Massachusetts Supreme Judicial Court
Decided October 15, 1851
Massachusetts Supreme Judicial Court · decided 1851-10-15
<p>In an action of trespass, a count for breaking and entering the plaintiff’s dwelling-house, and taking and carrying away goods therefrom, is not supported by proving a trespass in taking and carrying away goods only.</p>
Decided 1851-10-15