case anderson against Buckton Hilary term Geo disapprove Daulney v Cooper m r  n where the plaintiff shall have full cost though the damage be under S  trespass quare enclosed space to break in pieces et cum averiis do beat and  trample and that the averiis have infectious disease ei quid they infect the  cattle of the plaintiff that several die on not guilty plead a verdict be find  for the plaintiff and twenty shilling damage fazakerly this be within the  statute car that say where the freehold may come into question there shall be  full cost but here it can for it be only a trespass with aggravate  circumstance and not a different branch of the same action cro Newman v smith  Trin Ann trespass will not lie for infect the cattle Bootle contra where there  be anything special arise from the cause of action there though for the cause  of action full cost be not to be allow yet for the whole that be the  consequential damage they will be allow if a proper action have be only for  the consequential damage then full cost will have be give and add the enclosed  space to break in pieces shall not prevent that Pratt chief justice  consequential damage bring it out of the statute he ought to have damage for  infect his cattle and may have have a action upon the case for it and then  have full cost but it be a new case and ought to be consider powys Eyre and  fortescue justice the same this term Mr Raby say this be within the statute  ray salk the matter of infect be but a further circumstance and only matter of  aggravation and one entire not two trespass vent salk the statute be mean to  include frivolous action who damage do not amount to more than forty shilling  this with all its aggravate circumstance be under that sum Mr reeves contra it  be agree that the statute have not be construe accord to the word but the  intent the intent be to prevent a action for small trespass not design this be  a compound action each matter may be separate and by reason that it be all do  at the same time it may be joint in a action upon the case for infect the  cattle the plaintiff will have have full cost for that and on the trial in  this case he may have be find not guilty as to the infect and guilty as to the  trespass for slander title there have be give full cost yet modern report the  statute say it shall not be so in all action for word but it be hold not the  intention of the Act for it be not take to be vexatious or frivolous where a  different matter for which a different action lie be join full cost be allow  cro Pratt chief justice I think he ought to have full cost where anything be  allege as a consequence of the trespass for which he may have a satisfaction  in another action and though the other action be not of the same nature as  this and differ from it where the aggravation be such for which the plaintiff  can not have a different action powys justice the same Eyre justice I do not  think the plaintiff ought to have full cost a enclosed space to break in  pieces and impound be distinct cause of action and lie as such battery of a  servant per quid slavery to send away the per quid be not a aggravation but  consequential the give of the action on James for slander title the reason be  for that the defamation shall arise from the natural import of the word this  can not subsist by itself in this action if it be find for the infect only  fortescue justice there ought to be full cost the infection be a new damage  and injury and the action be bring as well for the one as the other there have  be full cost for enter his close and kill his cattle this be destroy his  cattle therefore the case come up to this Pratt chief justice I believe the  statute confine it to pure simple trespass quare enclosed space to break in  pieces modern report er p Eyre justice it ought to be such as can stand of  itself in this declaration not a matter for which another action will lie if  there be a recovery for this infection can they recover it again in a action  upon the case per curian the plaintiff to have full cost Eyre justice not  desire to have it further speak to