Wortman v. Sharon
Supreme Court of Vermont
Action oe Trespass on tbe freehold. Plea, the general issue. Heard on a referee’s report at the March Term, 1919, Rutland County, Butler J., presiding. Judgment for the plaintiffs. The defendant excepted, the opinion states the case. The defendant was presumed to be innocent, and, in determining the fact, this legal presumption was evidence in his favor, and the plaintiff was bound to overcome it by a preponderanee of the evidence.
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Action oe Trespass on tbe freehold. Plea, the general issue. Heard on a referee’s report at the March Term, 1919, Rutland County, Butler J., presiding. Judgment for the plaintiffs. The defendant excepted, the opinion states the case. The defendant was presumed to be innocent, and, in determining the fact, this legal presumption was evidence in his favor, and the plaintiff was bound to overcome it by a preponderanee of the evidence. Childs v. Merrill, 66 Vt. 302; Stevenson v. Gunnings’ Est., 64 Vt. 601; Currier v. Richardson, 63 Vt. 617; Bradish v. Bliss, 35 Vt. 326. The findings of a referee…
1Opinion of the Court
"Watson, C. J.
This is an action of trespass on the freehold, plaintiffs alleging that defendant broke and entered their close and tore down and destroyed a certain sap or sugar house thereon being, and claiming damages therefor, also for loss of anticipated profits of the following sugar crop. The case was heard on the referee’s report and defendant’s exceptions thereto. Judgment was rendered for plaintiffs to recover the sum of $175 damages and their costs. The damages included two items: $50 as direct damages caused by the alleged trespass; and $125 for loss of anticipated profits.…
2Cases cited2 opinions
- Holt v. HowardSupreme Court of Vermont · 1904
- Sowles' Admr. v. SartwellSupreme Court of Vermont · 1903
3Cited by1 opinion
- Colvin v. GraySupreme Court of Vermont · 1922