Torts · MBE-tested

Brown against Bristol

1 Cow. 176·New York Supreme Court·1823·NY

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Opinion

Brown against Bristol. To entitle to treble dam-, act S(sm?r 36&, ch. 56, s. 29) the declarar tion must re-for to the act. Trespass quart clausum fregit, and for cutting the plain-tiff’s wood. The declaration did not say contra formam staticti, fyc. A verdict having been found for the plaintiff, _E Williams, at the same time he moved in the last cause, 1 moved also that the damages, &c. be trebled in this. Butler, contra. [MAJORITY — Curia.] Curia. The motion must be denied. That the declaration does not allude to the statute is a decisive objection. This is essential, as notice to the defendant of the extent to which the plaintiff claims ; otherwise, the former cannot be prepared to narrow the claim, by bringing himself within the provisos of the act. (Shotwell v. Daniels, 8 John. 341.) Motion denied.