Oakes v. Spaulding
Supreme Court of Vermont
Action on the case to recover for an injury done by. a ram. No defence was made by the defendant, Oakes — Spaulding, alone, defended. Trial by jury on the general issue, at the September Term, Chittenden County, Pierpoint, Ch. J., presiding.
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Action on the case to recover for an injury done by. a ram. No defence was made by the defendant, Oakes — Spaulding, alone, defended. Trial by jury on the general issue, at the September Term, Chittenden County, Pierpoint, Ch. J., presiding. It appeared, without dispute, that the plaintiff, Effigene Oakes, who is the wife of the other plaintiff, while engaged, by direction of her husband, in driving-his cows from a pasture, was, without fault on her part, violently attacked by a ram, and seriously injured. The defendant, Spaulding, had no interest in, nor control over, the pasture; but the…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
This action is brought to recover damages for“an injury to Mrs. Oakes done by a ram that was jointly owned by the defendants, both of whom had been, for a considerable time, “ aware that the ram had an unusual propensity to butt, and had, on several previous -occasions, attacked and butted persons.” The defendant, Oakes, made no defence. Spaulding only is defending-. Without bringing into consideration other elements of the case at this stage of the discussion, it seems proper, in the first place, to determine what duty and liability the law…
2Cases cited1 opinion
- Brown v. CarpenterSupreme Court of Vermont · 1854
3Cited by16 opinions
- Spring Co. v. EdgarSupreme Court of the United States · 1879
- Farrior v. PaytonHawaii Supreme Court · 1977
- Endresen v. AllenWyoming Supreme Court · 1978
- Meibus v. DodgeWisconsin Supreme Court · 1875
- Digregorio v. Champlain Valley Fruit Co.Supreme Court of Vermont · 1969
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