¶1held, that where the plaintiff counts in trespass quare clausum 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.
8 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