Eastman v. Grant
Supreme Court of Vermont
Trespass for an assault and battery. Plea, the general issue, with notice of special matter of-defence, and trial by jury at the June term, 1860, — Barrett, J-, presiding. On trial the plaintiff gave evidence tending to prove, that on the 17th of April, 1858, the defendants, together with Merrill Bowen and James Bowen, not parties to this suit, jointly committed upon the plaintiff an assault and battery.
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Trespass for an assault and battery. Plea, the general issue, with notice of special matter of-defence, and trial by jury at the June term, 1860, — Barrett, J-, presiding. On trial the plaintiff gave evidence tending to prove, that on the 17th of April, 1858, the defendants, together with Merrill Bowen and James Bowen, not parties to this suit, jointly committed upon the plaintiff an assault and battery. The defendants then gave evidence subject to objection tending to prove, that after the committing of said assault, and previous to the commencement of this suit, and immediately after the…
1Opinion of the CourtPierpoint, J.
This was an action of trespass for an assault and battery, committed by the defendants and James Bowen and Merrill Bowen jointly upon the plaintiff. It appedrs from the case that after the trespass was commited, and before this suit was brought, the plaintiff “ constituted one Charles White his agent, with full power to manage and control any right ot action the plaintiff might have growing out of said assault,” and told said White he might have all he could make out of it. That subsequently White settled with the Bowens for the plaintiff’s claim upon them, for damages resulting from said…
2Cases cited1 opinion
- Spencer v. WilliamsSupreme Court of Vermont · 1828
3Cited by15 opinions
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- Black v. MartinMontana Supreme Court · 1930
- Louisville & Nashville Railroad v. AllenSupreme Court of Florida · 1914
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