Wakefield v. Fairman
Supreme Court of Vermont
Teespass for assault and battery. Plea, tbe general issue, and notice of justification. Trial by jury, June term, 1868, Steele, J., presiding. The testimony of the plaintiff tended to show that C. H. Eaton put a writ into the plaintiff’s hands against S. C. Eatom and the defendants, and directed him to attach a certain black stallion then in the possession of the defendant Eairman in the town of Wolcott in Lamoille county, as the property of the defendants in such suit.
Read the full summary
Teespass for assault and battery. Plea, tbe general issue, and notice of justification. Trial by jury, June term, 1868, Steele, J., presiding. The testimony of the plaintiff tended to show that C. H. Eaton put a writ into the plaintiff’s hands against S. C. Eatom and the defendants, and directed him to attach a certain black stallion then in the possession of the defendant Eairman in the town of Wolcott in Lamoille county, as the property of the defendants in such suit. The plaintiff testified that he was constable of the town of Hardwick, that he was a young and inexperienced officer, that…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
This is trespass for assault and battery. Plea, not guilty, and notice of special justification that the alleged trespass was committed in the rightful defense and protection of the chattels and close of the defendants, without unreasonable or unnecessary force.
Under the general issue, the plaintiff’s cause of action and right of recovery were established by proving the blow to have been given by the defendants. That being proved, the defendants then take the burden of justifying, and that burden requires of them to show that their alleged…
2Cases cited4 opinions
- Chatfield v. WilsonSupreme Court of Vermont · 1855
- Barron v. MasonSupreme Court of Vermont · 1858
- South Royalton Bank v. Suffolk BankSupreme Court of Vermont · 1854
- State v. BuchananSupreme Court of Vermont · 1845
3Cited by1 opinion
- Batchelder v. FrankSupreme Court of Vermont · 1876