Sherman v. Johnson
Supreme Court of Vermont
■Trespass for an assault and battery, with a count in trespass guare clausum. The plaintiff after the second term filed an amended declaration in four counts. The defendants pleaded separately, the general issue, special pleas, and notice of'special matter.
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■Trespass for an assault and battery, with a count in trespass guare clausum. The plaintiff after the second term filed an amended declaration in four counts. The defendants pleaded separately, the general issue, special pleas, and notice of'special matter. These pleas were filed July 15, 1885. On September 12, 1885, the defendants filed a motion that the first and fourth counts of the amended decíaration be stricken out, because they were not for the same cause of action as the original declaration, and that the plaintiff be required to elect which of the counts of his original declaration…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
By pleading to the first and fourth new counts, the defendants waived their right to move to dismiss them as being for a cause of action not embraced in the original declaration.
Defendants requested the court to charge that no recovery could be had for pecuniary injury resulting to plaintiff by the death of his son, though caused by the wrongful act of the defendants; but the court refused to charge as requested, but charged that plaintiff might recover for loss of services of his son until he would have been of age. In this there was error,…
2Cases cited5 opinions
- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Earl v. TupperSupreme Court of Vermont · 1873
- Whitney v. HitchcockNew York Supreme Court · 1847
- Green v. Hudson River Rail RoadNew York Supreme Court · 1858
- Green v. Hudson River RailroadNew York Court of Appeals · 1866
3Cited by7 opinions
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- Trow v. ThomasSupreme Court of Vermont · 1898
- Worrie v. BozeSupreme Court of Virginia · 1957
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