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Subject:
From:
Marilyn Symonds <[log in to unmask]>
Reply To:
Discussion of research and writing about Virginia history <[log in to unmask]>
Date:
Thu, 16 Aug 2001 11:26:40 -0500
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As I understand this common law action, the remedy developed in the
law to redress the injury to the personal property of an owner. In the
case of the action of trespass vi et armis, the wrongful act is
immediately injurious to the personal property of another and is
accompanied by a degree of force: e. g. shooting a man's dogs or
taking from the value of any of his personal property or worsening its
condition. In the instance by the trespass action on the case, the act
itself is indifferent, and the injury is *consequential* and without a
breach of the peace. For example, the spray from painting the garage
drifts across the property line and coats the neighbor's car. In both
of these trespass actions, the plaintiff shall recover damages in
proportion to the injury which he proves his property sustained. Hope
this helps.

Marilyn Symonds

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