Bulstrode morris plaintiff against baker and Elizabeth wife he defendant enter  Termin mich James b r rot l trespass for assault and of a servant bridge Ro  Rep Ro Abr in a action of trespass for assault beat and wound of his servant  per quod slavery to send away ad damnum l the defendant quoad way arms the  battery and wound plead non culp and justify the assault and show that he be  possess of a house and there have a light time out of mind that the servant of  the plaintiff do intend and endeavour to erect another house upon a certain  waste piece of ground adjoin to his house and have erect certain timber for  the house the which house if the same have be erect will have stop up his say  ancient light and for this cause that this will have be to his nusans he stand  in his own house cum in stick do thrust away though Davis and Richard Jones  his servant by he employ in the building and do then throw down the timber so  erect and so do justify upon this plea in bar the plaintiff demurrer in law l  it be argue by Bridgeman and Coventry for the plaintiff that this plea be not  good for that the principal point of the action be the loss of his service as  appear by h fol b h fol that a action of trespass lie not without say per quod  slavery to send away and the defendant here in his justification do justify  the battery but say nothing to the loss of his service he have therefore by  this his plea make no answer at all to the plaintiff for that which be the  ground and cause of the action S the loss of his service this ought to be by  the defendant confess and avoid or else deny the which be not here so do here  be nothing show but that they do this by the command of the plaintiff he ought  here to have plead non culp to all in the plea he say he thrust they away this  can be any loss of service he show that Thomas Davis and Richard Jones the  party and servant implore by the plaintiff in the building and that he to  entangle novum edificium and thrust they away who be eaden transgression unde  c also the plea be not good for another cause for he show that he be possess  of a house but do not show of what estate he be possess Elizabeth b r bed and  march case in a declaration this be good adjudge but otherwise it be in a plea  in bar as in this case but in a action upon the case for a nusans there it be  good to say that he be possess general without show of the estate because this  be but a conveyance to the action otherwise it be here in a plea in bar for  that upon this plea no issue can be take upon the estate it be also further  urge that the matter of this justification be no sufficient Bulstrode er p  cause of justification for in the plea he say that they do endeavour for to  erect a house and that they do erect certain timber and that the house if it  have be erect will then have be to his nusans so that he throw it down before  the same be any nusans to he and none can divine whether it will have be a  nusans to he or not before it happen also he can justify a battery for a  nusans to his possession it be urge for the defendant that the plea be good  and r Fitzherbert title labourer plea a good case touch a justification there  he answer the other objection of to undertake here their endeavour be manifest  a wrong attempt Bulstrode h fol where one may justify and where not in defence  of his possession a man may justify h fol e fol e fol Assisar plea that a  purchaser shall not have a hearing complaint before he be hurt coke pars fol l  b in Penruddocks case in the end of it there it be hold that a feoff may abate  a nusans before he have any prejudice by it the reason give that be shall  prevent his prejudice and not to stay till it happen there the nusans be  executory and yet may be throw down before he same come to be actual it be  urge that the plea be good without show what number of year he have in his  house if this be good in declaration where more certainty be require a strong  it shall be good in a plea in bar as touch this coke pars fol in the bishop of  sarums case where the difference be put between a allegation of a conveyance  to the matter and the matter it self and so be h fol where a prescription to a  leet by a and estate be good be in point of conveyance and so be r Fitzherbert  title action upon the case plea l and here in this case he show that he be  possess of the lease of his house only by way of conveyance to his  justification it be urge that the declaration here be not good the plaintiff  show therein that to be a servant operant be beat but do not show how they be  his servant coke chief justice he say nothing here in this his plea to any  verberation for he show that he be possess of the lease of a house that the  plaintiff have a piece of waste ground juxta c and that the plaintiff attempt  to be for to edify there a house the which if he have finish this will have  stop his light and that therefore he thrust they away and hinder they and for  prevention of this he throw that down which be erect the declaration here be  good and the plaintiff ought not to show therein how he have retain they the  rule which be last put be not good be that this which be good in a declaration  shall be good in a plea in bar this plea here amount to the general issue No  action be give to the plaintiff here if he have not loss of his service for  this be the sole ground of the action give unto he for this loss of service  and if he have no such loss then the servant be only to have the action of  battery if the defendant have plead here non culp and then only show that to  entangle with a staff the jury will then say that this be no battery per quod  slavery to send away when he say he do but only hinder he and so this plea  amount unto the general issue as to the second matter whether the defendant  may pull down the nusans before the house be make and so come to be a nusans I  de much doubt of this but I think he can de this no one holding to foresee  here it be only say attempt to be to edify this house and rear up the timber  the defendant have no hurt by this for he may afterward leave off again the  defendant be not to pull this down here he will pull this down for his intent  only whereas he may after forbear for that melius to run back how male to run  here it be say that calmly he lie his hand upon he if one take ill good in  preservation of they I can so do if one come upon his own land and intend to  come upon ill land attempt be to come on ill land upon this imagination I be  to ill hand upon he I never see in any book such a justification for a  conation because he do not de it and I de much marvel that any one shall give  such advice for such a plead as this be the best way for the defendant have be  to have plead non culp to all Haughton justice this action here rest upon two  point and part S the battery and the loss of his service the original be the  battery if the defendant answer to the battery and do well justify this this  be good without say Bulstrode er p any thing to the loss of his service as in  a action bring for a assault by servant and they de justify their assault this  be good Bulstrode as to the second matter you have come too soon to cast this  down before it be make for if he have a intent to build a wall and lie the  foundation you ought not to disturb he for this his inception you can pull  this down croak justice the defendant ought to have damnum in an unjust manner  or his justification not good if he have none of these his justification can  be good it do not here appear that he have any damage his plea here amount to  the general issue one may cut down bough if they hang over his ground here the  plaintiff have not build and therefore what he have do not to be pull down  coke there be no colour of any defence to be make of this plea he say also in  his plea that he be possess of a lease for certain year but show not that this  do continue this be not good and this shall not be intend if I be upon ill  land and another upon his land and that he endeavour to come to I and to take  ill good I can justify the come upon his land to beat he for this endeavour  Elizabeth a action upon the case bring for beat of he and his servant and omit  these word S per quod slavery suum to send away judgement and damage give  general there it be say that it shall be intend that these damage be give only  for the battery but here it be say that when the plaintiff allege two thing  and a action be bring for both of they and damage give general these shall be  say to be give for they both and therefore it be adjudge here by the whole  court that he shall have judgement for no part here he may have plead the  general issue and this have be his best and sure way but such demurers be  desperate the whole court clear of opinion that the plaintiff here needs not  to show how he be retain his servant and so the declaration here be good and  the justification bad and therefore by the rule of the court judgement be give  for the plaintiff