Roach v. Caldbeck
Supreme Court of Vermont
Trespass for an assault and battery. Plea, the generalissue. Trial by jury at the December term, 1891, Start, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The testimony of both parties tended to show that on the 16th day of June, 1890, the defendant assaulted the plaintiff and struck him several blows. The plaintiff insisted that the assault was unprovoked and very aggravated.
Read the full summary
Trespass for an assault and battery. Plea, the generalissue. Trial by jury at the December term, 1891, Start, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The testimony of both parties tended to show that on the 16th day of June, 1890, the defendant assaulted the plaintiff and struck him several blows. The plaintiff insisted that the assault was unprovoked and very aggravated. The defendant claimed upon the contrary, that he did not violently assault the plaintiff, and that he was provoked by the conduct of the plaintiff to make the assault which he did. Upon…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
1. The question, whether there was error in the plaintiff’s answer in respect of the defendant’s prominence in society, is not shown by the record. It appears in the tran. script of the trial, and the transcript is referred to for certain purposes, but not for the purpose of showing that exception. Therefore it is not before us and is not considered.
2. The plaintiff was asked upon cross-examination this question, “ Mr. Caldbeck took care of you at times when you were sick,” and the defendant was asked in his examination in chief, “You have…
2Cases cited1 opinion
- Hoadley v. WatsonSupreme Court of Vermont · 1873
3Cited by17 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- State v. CliffordWest Virginia Supreme Court · 1906
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Dent v. Bellows Falls & Saxtons River Street Railway Co.Supreme Court of Vermont · 1922
- Carpenter v. WilleySupreme Court of Vermont · 1892
12 more not listed; retrieve them via the Exa API.