Underwood v. Cray
Supreme Court of Vermont
Actions of Tort for assault and battery. In each, case tbe plea was son assault demesne, and issue was joined upon a replication of de injuria. The cases were tried together by jury at the April Term, 1919, Windham County, Slack, J., presiding. In the case of TJnderwood v. Gray there was verdict and judgment for the plaintiff, and the defendant excepted.
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Actions of Tort for assault and battery. In each, case tbe plea was son assault demesne, and issue was joined upon a replication of de injuria. The cases were tried together by jury at the April Term, 1919, Windham County, Slack, J., presiding. In the case of TJnderwood v. Gray there was verdict and judgment for the plaintiff, and the defendant excepted. In the case of Gray v. Underwood there was verdict and judgment for the defendant, and the plaintiff excepted. - The opinion states the case.
1Opinion of the CourtPowers, J.
These cases were tried as one, both here and in the court below. They grow out of a series of fist fights which the parties indulged in at Bellows Falls in the fall and winter of 1918. To avoid confusion, the parties will be spoken of by name. Underwood based his action on what occurred on October 14 and December 8. Cray based his on what occurred on December 8, only. A jury trial resulted in a verdict for Underwood to re*60cover $2,500, which included $500 of exemplary damages. Cray moved to set aside this verdict for the reason, among others, that this award was unreasonable and excessive.…
2Cases cited10 opinions
- McGovern v. HaysSupreme Court of Vermont · 1902
- Townshend v. TownshendSupreme Court of Vermont · 1911
- Marcy v. ParkerSupreme Court of Vermont · 1905
- Sanders v. BurnhamSupreme Court of Vermont · 1917
- Green v. DodgeSupreme Court of Vermont · 1906
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3Cited by14 opinions
- Gover v. Central Vermont Railway Co.Supreme Court of Vermont · 1922
- Pond v. CarterSupreme Court of Vermont · 1967
- Hendrickson v. International Harvester Co. of AmericaSupreme Court of Vermont · 1927
- Dansro v. ScribnerSupreme Court of Vermont · 1936
- State v. FournierSupreme Court of Vermont · 1963
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