Legal Opinion

Rogers v. Bigelow

Supreme Court of Vermont

Decided January 18, 1916PublishedCited by 19 opinions

Trespass for assault and battery. Pleas, the general issue, son assault demesne, and a second plea in justification. Trial by jury at the June Term, 1915, Orange County, Slack, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case.

1Opinion of the CourtTaylor, J.

This is an action of trespass for assault and battery. The declaration is in the common form with allegations of aggravation “and then and there with great force and violence did strike the said plaintiff with a certain horsewhip *43* * * and * * * lay hold of plaintiff and drag her about.” There was the general allegation of damage including that ‘ ‘ during all of which time the said plaintiff was under great pain and •suffering.” The defendant pleaded the general issue, son assault demesne and a second special plea in which he alleged that he was in charge of a construction gang on a highway…

2Cases cited27 opinions

  1. Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
  2. Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
  3. Bovee v. Town of DanvilleSupreme Court of Vermont · 1880
  4. Chicago & Alton Railroad v. FlaggIllinois Supreme Court · 1867
  5. Earl v. TupperSupreme Court of Vermont · 1873

22 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
  2. Walter O. Lanfranconi v. Tidewater Oil CompanyCourt of Appeals for the Second Circuit · 1967
  3. Pezzano v. BonneauSupreme Court of Vermont · 1974
  4. DeYoung v. RuggerioSupreme Court of Vermont · 2009
  5. In Re Estate of PetersSupreme Court of Vermont · 2000

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