Cox v. Eayres
Supreme Court of Vermont
Case, with a count iu trespass. Plea, general issue with uotice of special matter. Trial by jury, September Term, 1881. Verdict for the plaintiff to recover $221.66. The defendant Eayres, was superintendent, and Hewitt,- deputy superintendent and jailor, in the House of Correction.
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Case, with a count iu trespass. Plea, general issue with uotice of special matter. Trial by jury, September Term, 1881. Verdict for the plaintiff to recover $221.66. The defendant Eayres, was superintendent, and Hewitt,- deputy superintendent and jailor, in the House of Correction. The count in case alleged that the defendants by their servants and agents so negligently and carelessly cut and shaved off the plaintiff’s beard that he was thereby made sick, &c. ; the count in trespass alleged that the plaintiff was confined as a prisoner in said house of correction, and that defendants wilfully…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The first question is, Was it competent for the plaintiff to discredit his own witness, Davis, by showing by other witnesses that he had previously made statements in conflict with his testimony at the trial ? This evidence was admitted as matter of discretion, as far as it was such matter, in view of the “ anomalous circumstances ” of the case ; and if admissible on that ground; its admission cannot be assigned for error. There has long been a conflict in the authorities on this subject; but we think that a careful examination of the cases…
2Cases cited8 opinions
- Pollock v. . PollockNew York Court of Appeals · 1877
- Bullard v. . PearsallNew York Court of Appeals · 1873
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Fairchild v. BascombSupreme Court of Vermont · 1862
- Thornton's Executors v. Thornton's HeirsSupreme Court of Vermont · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wellman, Admr. v. WalesSupreme Court of Vermont · 1925
- State v. StorrsSupreme Court of Vermont · 1933
- White River Chair Co. v. Connecticut River Power Co.Supreme Court of Vermont · 1932
- In Re Campbell's WillSupreme Court of Vermont · 1927
- Hildreth v. AldrichSupreme Court of Rhode Island · 1885
5 more not listed; retrieve them via the Exa API.