Bartram v. Stone
Supreme Court of Connecticut
Action for an assault and battery; tried to the jury in the superior court on the general issue, before Seymour, J. Verdict for the plaintiff; motion for a new trial by the defendant. The case will be sufficiently understood from the opinion.
1Opinion of the CourtSanford, J.
In an action for an assault and battery, tried upon the defendant’s plea of the general issue, the plaintifi offered and the court received evidence to prove, that, prior to the trespass complained of, the defendant had threatened the assault. These threats were not made in the plaintiff’s presence, and there was no evidence that he had been informed of them when the assault was made. The defendant objected to the evidence because the threats, being made before the trespass, and not in the presence of the plaintiff, were no part of the transaction on account of which the suit was brought. .
We…
2Cases cited3 opinions
- Lee v. WoolseyNew York Supreme Court · 1822
- Treat v. BarberSupreme Court of Connecticut · 1828
- Matthews v. TerrySupreme Court of Connecticut · 1835
3Cited by8 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
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- Goldsmith's Admr. v. JoySupreme Court of Vermont · 1889
- Houston & Texas Central Railway Co. v. BatchlerCourt of Appeals of Texas · 1903
- Howland v. DaySupreme Court of Vermont · 1883
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