Legal Opinion
Wilson v. Smith
Supreme Court of Vermont
Decided April 27, 1984No. 83-019PublishedCited by 11 opinions
1Opinion of the CourtPeck, J.
Plaintiff, J. Boone Wilson, as guardian for Elizabeth Lahue, appeals a directed verdict for defendant by the Chittenden Superior Court.
The court below ruled that intent is an essential element of the tort of assault and battery. Because plaintiff introduced no evidence to carry his burden of proof on the issue of intent, a verdict was directed for defendant. We affirm.
While on business at the Peoples Trust Company bank in St. Albans, defendant was suddenly seized from behind by plaintiff’s ward, who began to accost him verbally. While turning to face her, defendant struck her in the face with…
2Cases cited14 opinions
- Arthur Wayne Carson, Cross-Appellee v. Officer Polley, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1982
- In the Matter of SpringMassachusetts Supreme Judicial Court · 1980
- Mink v. University of ChicagoDistrict Court, N.D. Illinois · 1978
- Senesac v. Assoc. in Obstetrics & GynecologySupreme Court of Vermont · 1982
- Lander v. SeaverSupreme Court of Vermont · 1859
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Christman v. DavisSupreme Court of Vermont · 2005
- Kent v. KatzDistrict Court, D. Vermont · 2001
- Billado v. ParryDistrict Court, D. Vermont · 1996
- Endres v. EndresSupreme Court of Vermont · 2006
- Choma v. TuckerDistrict Court, D. Vermont · 2021
6 more not listed; retrieve them via the Exa API.