Noyes v. Ward
Supreme Court of Connecticut
This was an action of trespass vi el armis, alleging an assault upon the plaintiff, beating and wounding him ; to which the defendant pleaded the general issue, with notice of special matter in justification. The cause was tried at New-London, September term 1847, before Storrs, J. On the trial, the plaintiff claimed to have proved, that the defendant assaulted and beat him, in the manner alleged in the declaration.
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This was an action of trespass vi el armis, alleging an assault upon the plaintiff, beating and wounding him ; to which the defendant pleaded the general issue, with notice of special matter in justification. The cause was tried at New-London, September term 1847, before Storrs, J. On the trial, the plaintiff claimed to have proved, that the defendant assaulted and beat him, in the manner alleged in the declaration. He also adduced in evidence the by-laws of the city of Norwich, which were admitted to have been approved and published as required by the charter, and to have been in full force…
1Opinion of the CourtStorrs, J.
The several questions in this case wall be considered in the order in which they are presented by the motion.
1. The defendant does not question the validity, either of the appointment of the plaintiff, as a surveyor of highways, or of the by-law under which the latter justified the making and repairing of the side-walk where the assault complained of was committed, and which was admitted to be within his district. That by-law, after providing, that there should be annually appointed, by the court of common council of the city of Norwich, four highway surveyors, who should be resident, one in…
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3Cited by38 opinions
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- Hayes v. LivingstonMichigan Supreme Court · 1876
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