Bates v. Cilley
Supreme Court of Vermont
Case for the defendant’s dog biting the plaintiff Mrs. Bates, the dog being accustomed to bite, and that known to the defendant. Plea, the general issue, and trial by jury, September term, 1872, Peck, J., presiding.
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Case for the defendant’s dog biting the plaintiff Mrs. Bates, the dog being accustomed to bite, and that known to the defendant. Plea, the general issue, and trial by jury, September term, 1872, Peck, J., presiding. Mrs. Bates testified that in June, 1870, she went with her mother to the defendant’s house on business ; that she drove up to the house, and the dog' came to the wagon in such a manner that she feared he would bite her, and she called to some of the family to drive him away, saying he would bite her, whereupon the defendant’s son and his hired woman drove the dog away, and he lay…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The testimony offered by the defendant as to the plaintiff’s setting his dog to fighting with the defendant’s dog a short time before it was claimed that the defendant’s dog bit the female plaintiff, was properly excluded. There was no such connection between the fact offered to be proved and the injury complained of, as made the evidence admissible for any purpose.
The only ground upon which it was claimed that the defendant’s wife was a competent witness was, that she was the agent of her husband. The relation of principal and agent takes…
2Cases cited4 opinions
- White v. LangdonSupreme Court of Vermont · 1858
- Kimball v. LaddSupreme Court of Vermont · 1870
- Goodrich v. TracySupreme Court of Vermont · 1871
- Upham & Clay v. WheelockSupreme Court of Vermont · 1863
3Cited by5 opinions
- Bennett v. RobertsonSupreme Court of Vermont · 1935
- Chaffee v. Rutland RailroadSupreme Court of Vermont · 1899
- Seviour's Admr. v. Rutland RailroadSupreme Court of Vermont · 1914
- Swerdferger v. HopkinsSupreme Court of Vermont · 1894
- Fire Ass'n v. Merchants' National BankSupreme Court of Vermont · 1881