Goss v. Burt
Supreme Court of Vermont
Trespass for assault and battery. Plea, the general issue with notice. Trial by jury at the December Term, 1909, Addison County, Taylor J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion fully states the case. Although, as held in Patch Mfg.
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Trespass for assault and battery. Plea, the general issue with notice. Trial by jury at the December Term, 1909, Addison County, Taylor J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion fully states the case. Although, as held in Patch Mfg. Co. v. Protection Lodge, 77 Vt. 294, a party relying on a conspiracy may either prove the conspiracy which renders the acts of the conspirators admissible against each other, or prove the acts of different persons, and so prove the conspiracy, still, if the evidentiary fact relied on has no apparent connection with…
1Opinion of the Court
Munson J.
The assault complained of occurred on the *54thirteenth day of July, 1909, at the river bank which bounds the rear of defendant’s house lot, and was part of a general attack on a party of boys and girls who had just landed from a rowboat. The party consisted of Ernest Goss, the plaintiffj Henry Merritt and his brother Willie, Grace Comstock and Ruth Comstock, sisters, and Wanita Warner. The boat had been drawn partly upon the bank, the plaintiff had entered it again to bail out some water, and the rest of the party were standing or sitting nearby, when the defendant approached the party…
2Cases cited1 opinion
- Camp v. AverillSupreme Court of Vermont · 1881
3Cited by3 opinions
- Barney's Admrx. v. Quaker Oats Co.Supreme Court of Vermont · 1912
- Niles v. DanforthSupreme Court of Vermont · 1923
- Staten v. Central Vermont Railway Co.Supreme Court of Vermont · 1917