Legal Opinion

Howland v. Day

Supreme Court of Vermont

Decided October 15, 1883PublishedCited by 8 opinions

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.

Read the full summary

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

  1. Devine v. RandSupreme Court of Vermont · 1866
  2. Bartram v. StoneSupreme Court of Connecticut · 1862
  3. State v. FullerSupreme Court of Vermont · 1866

3Cited by8 opinions

  1. Goldsmith's Admr. v. JoySupreme Court of Vermont · 1889
  2. Willey v. CarpenterSupreme Court of Vermont · 1891
  3. Munday v. LandrySupreme Court of Louisiana · 1899
  4. Bucklin v. NarkwichSupreme Court of Vermont · 1936
  5. State v. AlbanoSupreme Court of Vermont · 1917

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API