Howland v. Day
Supreme Court of Vermont
Trespass for assault and battery. Pleas, general issue and self-defense as to Day, and defence of bis master as to Dean. Replication de injuria. Trial by jury, December Term, 1882, Windsor County, Taft, J., presiding. Verdict and judgment for tbe plaintiff. Tbe plaintiff gave evidence tending to show an assault upon liim by tbe defendant, Day, at tbe depot in South Royal-ton, and of threats.
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Trespass for assault and battery. Pleas, general issue and self-defense as to Day, and defence of bis master as to Dean. Replication de injuria. Trial by jury, December Term, 1882, Windsor County, Taft, J., presiding. Verdict and judgment for tbe plaintiff. Tbe plaintiff gave evidence tending to show an assault upon liim by tbe defendant, Day, at tbe depot in South Royal-ton, and of threats. Tbe defendants objected to the evidence, upon tbe ground that it was not tbe assault declared for; but tbe court admitted it, supposing at tbe time that it was tbe assault for which tbe plaintiff claimed…
1Opinion of the Court
The opinion of the court was delivered by
Boss, J.
I. When the defendant declined the offer of the County Court to call a jury de novo in the case they waived any right to exception by reason of the evidence of the affray at South Boyalton having been received by the court under the misapprehension that that was the affray for which the plaintiff was seeking to recover damages and also any right to exception to receiving evidence of the affray on the highway as the substantive ground of recovery. The acceptance of such offer, would have afforded the defendants a trial in regard to the latter…
2Cases cited3 opinions
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- State v. FullerSupreme Court of Vermont · 1866
3Cited by8 opinions
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- Bucklin v. NarkwichSupreme Court of Vermont · 1936
- State v. AlbanoSupreme Court of Vermont · 1917
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