brown versus Seymour b r mayhem court have a discretionary power to increase  the damage in this action action of trespass assault and mayhem plea son  assault demesne try before justice Burnett last lend assize the jury find a  verdict for the plaintiff and damage and now it be move to increase the damage  Mr justice Dennison certify to the court from his brother Burnett that the  evidence at the trial be that plaintiff be entertain by defendant at his house  in June and have be so for three year before that time that plaintiff and  defendant be drink together have a great many word plaintiff strike defendant  and use he very ill upon which defendant turn plaintiff out of his house  plaintiff coin back again for his great coat defendant take a gun and shoot at  plaintiff and wound he so that he lose three Wilson king bench finger of his  leave hand the jury consider the provocation and give only damage and I  Barnett say he be satisfy with the verdict Mr lloya show cause why the damage  ought not to be increase and object that damage can not be increase upon the  declaration in this case which be only general for a assault battery and  mayhem without any particular description of the mayhem and cite dyer and say  it shall have be lie for mayheming his leave hand whereby be lose three finger  style side Gundry for plaintiff it be lie in the declaration that defendant do  assault and mayheming in the leave hand and that be particular enough ileo  light Rep latch Hooper and pope hard I lee there be no doubt but the court can  increase the damage in this case even upon view of the party maim as to the  case cite they can be of no use to direct the court because every case of this  kind depend upon its own circumstance I side though it do appear that  plaintiff have receive great damage yet to determine this case the court must  take into consideration the whole circumstance of it it appear at the trial  there be great provocation give by the plaintiff and the behaviour of the  plaintiff be material to be consider I think the same as the jury and the  judge who try the cause have do and that be a great sum and enough in this  case as it now appear to we I roll James baines and haddock for mayheming and  knock out a eye this court only increase the damage from to so the rule be  discharge