102 Me. 192 | Me. | 1906
This is an action of trespass quare clausum, and comes before the Law Court upon motion of the defendant for a new trial, and exceptions to the charge of the presiding Justice directing a verdict for the plaintiff.
The plaintiff was in possession and occupation of a dwelling house claming as owner of two-thirds in common. The defendant, admitted to be the owner of one-third in common, and claiming title to the whole, entered and removed certain of the doors and windows, for the evident purpose of rendering the house untenantable, and thus compelling the plaintiff to vacate. The plaintiff remained in occupation of the premises, and brought this action to recover damages, for injury to the freehold and to her other property, and for her own physical discomfort resulting from the acts of the defendant.
The presiding Justice, finding that the evidence conclusively established the plaintiff’s title to two-thirds in common of the premises, and that the defendant’s acts were of such a character that they amounted to trespass as against his co-tenant, directed a verdict for the plaintiff.
The motion raises the further question whether the damages are excessive. The jury were correctly instructed by the presiding Justice that they should allow the plaintiff two-tliirds the value of the windows and doors removed, and two'-thirds of any other damages done to the house; also whatever injuries were done to her furniture, and something for what pain and suffering she sustained; but that
The verdict in excess of one hundred dollars may be remitted within thirty days after the certificate of this decision is filed; otherwise the entry will be, Motion sustained.
Exceptions overruled.