52 Vt. 401 | Vt. | 1880
The opinion of the court was delivered by
The questions now before this court in this case arise on the assessment of the damages occasioned to the defendant by the injunction. The damages which a defendant is entitled to recover in such cases, are such as necessarily result to him from the injunction. They are not on the one hand necessarily limited to the benefit which the orator has derived from the injunction, nor,
The expenditure for fitting up the shed to live in, is stated to have been necessary only fob building the new house, and falls with that item. While the rental value of the house, pending the injunction, the removal of which was enjoined, may not have been all the damages which necessarily resulted to the defendant from the injunction, it is an element of such damages, and all which the facts reported disclose.
The defendant’s costs in the original suit above the taxable costs were not the necessary result of the injunction. There is nothing disclosed in the master’s report which shows they would not have all accrued in establishing the defendant’s right to the house against the asserted right of the orator, if the injunction
Decree affirmed, and cause remanded.