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![handle is hein.slavery/ssactsengr0954 and id is 1 raw text is: EASTER TERM, 8 WILL. 3. IN B, R.
And upon demurrer this exception was taken to the declaration : that it was too
general and uncertain, for damages could not be given for the walls and ornaments of
the house; as where trespass was brought for taking diversa genera apparatuum(a), or
trover for goods cum aliis implementis et necessariis (b), not shewing what they are, and
was held ill after a verdict, for the Court cannot give judgment for such uncertain
parcels (c).
It was argued for the plaintiff, that the action had been well brought without the
videlicet, for the enumerating the particulars was but matter of aggravation and
inference ; and this being an action wherein damages are to be recovered, they may
be divided, and the plaintiff ought to recover for that which is well laid in the
declaration, and that is, for negligently keeping his fire (d).
The plaintiff had judgment.
EASTER TERM.
The Eighth of William the Third. In the King's Bench.
Sir John Holt, Knt., Chief Justice. Sir Thomas Rokeby, Knt., Sir'John Turton, Knt.,
Sir Samuel Eyre, Knt., Justices. Sir Thomas Trevor, Knt., Attorney General.
John Hawles, Esq., Solicitor General.
[182] CASE 91. CHAMBERLINE against HARVEY.
Michaelmas Term, 7 Will. 3, Roll 123.
Court in trespass for a negro slave.-S. C. 3 Ld. Ray. 129.
London, to wit.-Be it remembered, that on Weddesday next after three weeks of
Saint Michael in this same term, before the lord the King at Westminster came
Willoughby Chamberline, Esq. by Godfrey Woodward his attorney, and brought
here into the Court of the said lord the King then there his certain bill against
Robert Harvey, Esq. in custody of the marshal, &c. of a plea of trespass ; and there
are pledges of prosecuting, to wit, John Doe and Richard Roe; which said bill follows
in these words, to wit, London, to wit, Willoughby Chamberline, Esq. complains of
Robert Harvey, Esq. in custody of the marshal of the Marshalsea of the lord the
King, being before the King himself, for that the said Robert, on the first day of
September, in the year of our Lord 1695, with force and arms, one negro of him the
said William, of the price of one hundred pounds of lawful money of England, at
London, aforesaid, to wit, in the parish of the Blessed Mary of the Arches in the
ward of Cheape, took and led away from him, and then and there detained and kept
possession of the negro aforesaid from the said first day of September until the
exhibiting of this bill, so that he the said Willoughby totally was without, and lost
the use and benefit of the said negro for the whole time aforesaid, and other wrongs
to the said Willoughby then and there did, against the peace of the said lord the now
King, to the damage of him the said Willoughby, of one hundred and fifty pounds,
and thereupon he brings suit, &c.
And the said Robert, by Robert Stone his attorney, comes and defends the force
and injury when, &c. and saith, that he is not thereof guilty in manner and form as
the said Willoughby above complains against him; and of this he puts himself upon
the country, and the said Willoughby thereupon likewise: therefore let a jury
thereupon come before the lord the King at Westminster on Thursday next after the
(a) Allen, 9.
(b) Cro. Eliz. 817.
(c) Salisbury v. Proctor, post, 324.
(d) By 6 Ann. c. 31, s. 6, No action, suit, or process whatsoever shall be
had, maintained, or prosecuted against any person in whose house or chamber any
fire shall accidentally begin, or any recompence be made by such person for any damage
suffered or occasioned thereby.
596
5 MOD. 182.](ViewImageLocal?handle=hein.slavery/ssactsengr0954&div=1&collection=&method=preview&ext=.png&size=3)