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plaintiffdefendantdamagesplea

plaintiffdefendant

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Marentille v. Oliver, 2 N.J.L. 379, 1808 WL 945, 1 Penning. 379

Facts

The plaintiff brought an action of trespass against the defendant for striking his horse with a large stick while the horse was pulling a carriage in which the plaintiff was riding. The plaintiff sought damages of fifty dollars, but the jury awarded him only fifteen dollars. A significant issue arose regarding the omission of the year in which the summons was issued, which was not recorded by the justice.

The state of demand charged the defendant below, that he unlawfully, forcibly, and with great violence, with a large stick, struck the horse of the plaintiff, on the public highway, which said horse was then before a carriage, in which the plaintiff was riding, on the said public highway, to the damage of the plaintiff, fifty dollars.

Issue

The main legal issues were whether the omission of the year in the summons constituted a valid ground for reversal and whether the action could be properly maintained as a trespass or if it was an assault.

There are two points raised by this record, that I am not satisfied, are clearly in favor of the defendant in certiorari.

Rule

The court ruled that every record must be complete and that the date of the proceeding is essential for the validity of the action. Additionally, the court noted that an action for trespass must state specific damages related to the injury of the property.

Every record ought to be complete in itself; and I do not see how the time when this action was instituted could be come at, if another action should be brought for the same cause.

Analysis

The court applied the rule by emphasizing the importance of having a complete record, which includes the date of the summons. The absence of this information could hinder the defendant's ability to plead the judgment in future actions. Furthermore, the court analyzed whether the act of striking the horse constituted an assault or a trespass and concluded that the plaintiff failed to demonstrate specific damages to the horse.

But if this is to be considered as trespass on property, unconnected with an assault on the person, I think it was incumbent on the plaintiff below, to state an injury done to the horse, whereby the plaintiff suffered damage.

Conclusion

The court reversed the judgment due to the incomplete record and the failure to properly state damages related to the horse's injury.

Judgment reversed.

Who won?

The defendant prevailed in the case because the court found procedural errors in the plaintiff's action, specifically the lack of a complete record and the failure to establish specific damages.

For these reasons, I incline to think that this judgment ought to be reversed.

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