"Collateral Damage"

[Fred Shapiro]

On Sun, 20 Jan 2002, Baker, John wrote:

> Warner v. Bacon, 8 Gray 397, 74 Mass. 397, 69 Am.Dec. 253 (1857).  The
> Battley v. Faulkner case quoted in this passage appears to be an English
> case that is older than the 1839 case Fred found, although I have not been
> able to find its text or determine its exact date (sometime between 1810 and
> 1830).

Here is the citation, verified from the book:

1820 Richard V. Barnewall & Edward H. Alderson _Reports of Cases Argued
and Determined in the Court of King's Bench_ III. 294  Mere collateral
damage must be stated in the declaration, in order to entitle the
plaintiff to give it in evidence, lest otherwise the defendant might be
taken by surprise.


Fred Shapiro


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