7 Pa. 397 | Pa. | 1847
This is ah action of trespass quare clausum fregit, instituted by Ash against McGill and nine others, for breaking and entering the dwelling-house of the plaintiff, and expelling him from the possession. The defendants took five bills of exception to evidence offered by the plaintiff, and admitted by the court, which do not require a separate consideration. They relate and embrace the same kind of evidence proposed to be given by different persons, to wit, the admissions of McGill, one of the defendants, who was not present at the time of the alleged trespass, that he had authorized, and directed, and sanctioned it. Some of the offers were of direct unequivocal admissions, and one or two of them were his declarations, which conduced to prove that he had authorized the trespass. No principle in regard to the action of trespass is better established than this, that all persons who order or procure a-trespass to be done, or incite others to 'do it, are guilty of the trespass, and may be made defendants in the action; Britton v. Cole, 1 Salk. 409; Archbold’s Law N. P. 312. And I do not know any higher, or more reliable evidence of a fact, than the admissions or declarations of a party who is to be prejudiced, freely and voluntarily made. It is of no consequence whatever, that
There is no value in the next, being the sixth bill of exceptions, because Mrs. Tucker did not testify that Mrs. Smith had any conversation with Mackey at the time of the expulsion. It was in vain, therefore, to propose asking Mackey what conversation he had with Mrs. Smith, in the presence of Mrs. Tucker, for the purpose of invalidating her testimony. . She testified that there was a fight, much noise and confusion, throwing out furniture, and what some of the witnesses called a row, and that Mrs. Smith was the presiding and controlling spirit, but not a syllable of any conversation between her and Mackey. The next exception covers a proposed question by defendant to Mr. Laws, to wit, what took place in his office at the time of the hearing, on the day of the alleged trespass. This question was too general and vague. Many things might have taken place there on that day, which had. no relation to the issue whatever, and a great deal might have been said and done in the absence of Ash, the plaintiff below. It would seem to have been on this ground alone that the question was overruled by the court, because the alderman did afterwards, without let or hindrance, state all that did take place, and some things which were not evidence, but favourable to the defendants. The next exception is in regard to a question proposed to be asked Cecilia. Smith by the defendant, to wit, what Mrs. Smith said to Ash with respect to the rent of the house. But this was altogether impertinent to the issue, and could not tend to justify or excuse the alleged trespass. Michael McGill, one of the defendants, was then called, to prove that he had not possession of a certain receipt book, called for, I presume, by the plaintiffs. There is nothing in the bill of exceptions from which I can ascertain what this receipt book had to do with the case, or why it should be in the possession of McGill; nor what useful or relevant purpose could be accomplished by McGill’s purging himself of its possession. The exception is too bald to
The court instruct the jury that the plaintiff could not recover for mesne profits, but for the trespass only, and in doing so admitted
The judgment of the court is aifirmed.