55:, the defendant negligently discharged a firearm in a public place and caused the loss of the plaintiff's leg. The defendant was held to be liable for medical bills as well as lost earnings as a result of the disability. Thus, proof that the act or omission was unintended was no defense to an action of trespass
89:
was a precursor to many other forms of lawsuits at common law. The cause came to be formulaic and in many cases fictitious. For instance, a lawsuit against a defendant that had spoiled wine with salt water required an allegation that he had done so with bows and arrows. The ancient courts at common
90:
law developed trespass upon the case as an alternative pleading to causes of action which arose neither from force nor weapons. In modern times, the specific formalities of the distinction between the two have dropped in favor of
48:, where the act is in itself indifferent and the injury only consequential, and therefore arising without any breach of the peace." Thus it was "immaterial whether the injury was committed willfully or not."
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that the act committing the offense was "immediately injurious to another's property, and therefore necessarily accompanied by some degree of force; and by special action
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reported that monetary loss for detention from business as an indirect result of the injury were not recoverable under an action for trespass
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although it was possible for both allegations to appear in a lawsuit when the intentional use of force or weapons breached the peace.
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were limited only to the direct consequences of the act or omission causing the injury. For instance, the state of
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32:. The form of action alleged a trespass upon person or property
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and the liable party would pay for all consequent damages.
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for "by force and arms." The plaintiff would allege in a
123:", was necessarily not a required element of trespass
74:, but were available under the related action of
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8:
136:
7:
62:Recovery for damages for a trespass
149:Commentaries on the Laws of England
179:Barnum v. B. & O. Railroad Co.
14:
94:or code pleading and actions for
1:
232:
78:, also known as an action
192:Rattlesdene v. Grunestone
24:was a kind of lawsuit at
211:Latin legal terminology
113:The related phrase of
82:"against the wrong."
169:, 2 Hen & M. 423
104:trespass to chattels
76:trespass on the case
144:William Blackstone
116:contra pacem regis
167:Taylor v. Rainbow
53:Taylor v. Rainbow
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152:, Vol. 3 p. 153.
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119:, "against the
92:notice pleading
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125:vi et armis
87:vi et armis
72:vi et armis
64:vi et armis
57:vi et armis
46:on the case
34:vi et armis
21:vi et armis
205:Categories
131:References
108:conversion
96:negligence
80:ex delicto
26:common law
190:See e.g.
85:Trespass
28:called a
216:Tort law
42:pleading
17:Trespass
194:(1317).
100:battery
106:, and
38:Latin
30:tort
110:.
51:In
207::
159:^
146:,
102:,
98:,
36:,
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