Parker v. Burgess
Supreme Court of Vermont
Trespass and trespass on the case. Heard at the December term, 1891, Tyler, J., presiding, upon the defendants’ special demurrer to the declaration. The demurrer was overruled and the defendants excepted.
Read the full summary
Trespass and trespass on the case. Heard at the December term, 1891, Tyler, J., presiding, upon the defendants’ special demurrer to the declaration. The demurrer was overruled and the defendants excepted. Tlie declaration was in two counts and was as follows: “ In a plea of tlie case; for that the said defendants, Merritt E. Burgess and John Burgess on the 14th day of January, A. D. 1891, with force and arms, to wit: a sleigh which the said defendants were then and there driving along the highway, drove with great force and violence upon and against a certain and other vehicle, to wit: a…
1Opinion of the Court
The opinion of the court was delivered by
ROSS, Ch. J.
I. The first count of the declaration is a count in trespass. It is entitled “a plea of the case.” This defect is not reached by a demurrer. 1 Chit. Pl. pp. 254, 283, 663. It may be the ground of a motion to set aside the declaration for irregularity.
*446II. The defendants contend that the clause in this count, “ by means of the premises, she the said plaintiff then and there dislocated one shoulder” is .demurrable, as charging an injury-done by the plaintiff, and not by the defendants, and for vagueness, and indefiniteness, and…
2Cases cited2 opinions
- Royce v. MaloneySupreme Court of Vermont · 1886
- Hutchinson v. GrangerSupreme Court of Vermont · 1841
3Cited by3 opinions
- McAllister v. BenjaminSupreme Court of Vermont · 1923
- Lovell v. EatonSupreme Court of Vermont · 1925
- Louthood v. Town of CambridgeSupreme Court of Vermont · 1921