Rollins v. Chalmers
Supreme Court of Vermont
Trespass and case for debauching the plaintiff’s daughter, per quod servitium amisit. At the June Term, 1878, the defendant set the case not for the jury; but the court, finding no sufficient cause for continuance, rendered judgment for the plaintiff, and continued the case for the assessment of damages. At the December Term the question of damages came on to be tried by a jury, Redfield, J., presiding.
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Trespass and case for debauching the plaintiff’s daughter, per quod servitium amisit. At the June Term, 1878, the defendant set the case not for the jury; but the court, finding no sufficient cause for continuance, rendered judgment for the plaintiff, and continued the case for the assessment of damages. At the December Term the question of damages came on to be tried by a jury, Redfield, J., presiding. The plaintiff introduced, with other evidence, testimony relative to his “ financial condition,” to which no objection was made by the defendant. Plaintiff rested, without testifying as to the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The judgment rendered- by the County Court against the defendant at the June Term, 1878, was equivalent, in legal effect, to a general verdict of guilty against him. It concluded him in regard to every fact alleged in the declaration which the plaintiff otherwise would have been bound to establish by testimony in order to entitle him to recover damages for the loss of the service of his daughter. Webb v. Webb, 16 Vt. 636; Hyde v. Moffat, 16 Vt. 271; Bradley v. Chamberlain, 31 Vt. 468; Sweet v. McDaniels, 39 Vt. 272; Chamberlin v. Murphy, 41…
2Cases cited10 opinions
- Chamberlin v. MurphySupreme Court of Vermont · 1868
- Davenport v. HubbardSupreme Court of Vermont · 1873
- Laurent v. VaughnSupreme Court of Vermont · 1858
- Hyde v. MoffatSupreme Court of Vermont · 1844
- Morey v. King, Fuller & Co.Supreme Court of Vermont · 1877
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3Cited by3 opinions
- Morgan v. RossSupreme Court of Missouri · 1881
- Fitzgerald v. ConnorsSupreme Court of Vermont · 1914
- Frederick v. MorseSupreme Court of Vermont · 1914