Waldon v Mareschal (1369). It was alleged that the defendant had negligently treated the plaintiff's horse. The Common Pleas accepted that in such a situation, an allegation of force and arms in a writ would not be appropriate. By the 1390s, actions on the case were common. See also Pierson v. Post, a Supreme Court of New York case from 1805 dealing with Trespass to case. Keeble v Hickeringill English tort law References Tort law Writs