Wells v. Boston & Maine Railroad
Supreme Court of Vermont
Trespass for assault and battery. Pleas, the general issue, and special plea in justification. Trial by jury at the October Term, 1907, Essex County, Miles, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. Under the declaration and replication, plaintiff was not entitled to show that he was a passenger nor to show the purchase nor the taking up of a ticket.
Read the full summary
Trespass for assault and battery. Pleas, the general issue, and special plea in justification. Trial by jury at the October Term, 1907, Essex County, Miles, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. Under the declaration and replication, plaintiff was not entitled to show that he was a passenger nor to show the purchase nor the taking up of a ticket. Frye v. Cook, 2 Aik. 342; Perkins v. Walker, 19 Vt. 144; Trevivan v. Lawrence, 1 Salk. 276; Out-ram v. Moreivood, 3 East. 365; Vooght v. Winch, 2 B. & A. 662; Stafford v. Clark, 2…
1Opinion of the CourtWatson, J.
The first count of the declaration alleges in detail an assault and battery at Barton, including ‘ ‘ and also, then and there, with great force and violence shook and pulled about the plaintiff, and threw and cast the plaintiff out of and from a certain railroad passenger car, and cast and threw [him] down to and upon a certain wooden platform then and there situated,” and special damages. Pleas, the general issue, and special in justification that at the time when, etc., the plaintiff, riding in a certain car of defendant’s train through the towns of Newport and Barton to Lyndonville, on…
2Cases cited13 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Hopkins v. LeeSupreme Court of the United States · 1821
- Roberts v. GrahamSupreme Court of the United States · 1868
- Campbell v. . ConsalusNew York Court of Appeals · 1862
- Board of Supervisors v. Mineral Point RailroadWisconsin Supreme Court · 1869
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Shortle v. Central Vermont Public Service Corp.Supreme Court of Vermont · 1979
- Blondin v. BrooksSupreme Court of Vermont · 1910
- Dunshee v. Standard Oil CompanySupreme Court of Iowa · 1914
- Johnson v. . R. R.Supreme Court of North Carolina · 1922
- Moore v. DukeSupreme Court of Vermont · 1911
14 more not listed; retrieve them via the Exa API.