Opinion · Massachusetts Supreme Judicial Court

Nelson v. Burt

15 Mass. 203

Type: Opinion
Court: Massachusetts Supreme Judicial Court
Jurisdiction: Massachusetts
Date: 1818-07-15
Topic: intellectual-property-and-technology

Per Curiam. The plaintiff had a right to waive her demand foi *191the trespass done to her close, and sue only for the value of, the property taken, in trover. If the defendant * was in fact a trespasser in entering the close, and cutting down the corn, the property of the corn, when cut, was in the plaintiff, and the taking it away was a wrong, for which the actio?' of trover well lay. (a) Judgment on the verdict 1 Chitty, Pl. 176, 4th ed. — 2 Saund. 70, o. — Cro. Eliz. 824

Citator

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Per Curiam.

The plaintiff had a right to waive her demand foi *191 the trespass done to her close, and sue only for the value of, the property taken, in trover. If the defendant * was in fact a trespasser in entering the close, and cutting down the corn, the property of the corn, when cut, was in the plaintiff, and the taking it away was a wrong, for which the actio?' of trover well lay. (a)

Judgment on the verdict

1 Chitty, Pl. 176, 4th ed. — 2 Saund. 70, o. — Cro. Eliz. 824