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Per Curiam. Let the evidence go to the jury.—The line of distinction between trespass and case, in many instances, is so nice, that it seems difficult to discover it ; this appears to be one of that description, but modern authorities seem rather to incline to trespass than case.
Verdict for the plaintiff, for $350. Rule for a new trial, which was discharged.
* Vide 5 T. R. 648; 6 T. R. 125; 3 Wil. 403; 1 Esp Rep. 54; 6 T. R. 128, n. 2 Hen. & Mun. 423; 2 Goulds ed. Esp. N. P. 214 215.
Document Info
Filed Date: 11/15/1801
Precedential Status: Precedential
Modified Date: 10/19/2024