Du Bost v Beresford
Jurisdiction | England & Wales |
Judgment Date | 06 December 1810 |
Date | 06 December 1810 |
Court | High Court |
English Reports Citation: 170 E.R. 1235
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Disapproved, Emperor of Austria v. Day, 1861, 3 De G. F & J. 217, Mulkern v. Ward, 1872, L. R. 13 Eq 621.
[511] Thursday, Dec 6, 1810. Du bost v beresford (Q. If to trespass for destroying a picture the defendant may plead that it was a scandalous libel upon individuals, and that being publicly exhibited, he cut it to pieces by way of abating a nuisance ? The owner of such a libel picture so destioyed, is at most only entitled to recover the value of the paint and canvas which iormed its component parts ) [Disapproved, Emperor of Austna v. Day, 1861, 3 De G. F & J. 217 , Mulkern v. Ward, 1872, L. R. 13 Eq 621,] Trespass for cutting and destroying a picture of great value, which the plaintiff had publicly exhibited ; per quod he had not only lost the picture, but the profits he would have derived from the exhibition. Plea, not guilty. It appeared that the plaintiff is an artist of considerable eminence ; but that the picture in question, intituled La Belle et la Bete, or " Beauty and the Beast," was a scandalous libel upon a gentleman of fashion and his lady, who was the sister of the defendant. It was exhibited in a house m^ Pall-Mall for money , and great crowds went daily to see it, till the defendant one morning cut it in pieces Some of the witnesses estimated it at several hundred pounds The plaintiff's counsel insisted on the one hand, that he was entitled to the full value of the picture, together with compensation for the loss of the exhibition , while it was contended on the other, that the exhibition was a public nuisance, which everyone had a right to abate by destroying the picture Lord Ellenborough -The only plea upon the record being the general issue of not guilty, it is unnecessary to consider, whether...
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