Spaulding v. Warner
Supreme Court of Vermont
Trespass on the freehold. Plea, the general issue. Trial by jury, December Term, 1884, Taft, J., presiding. Verdict for the plaintiff; but judgment for the defendant to recover his costs since the tender was made.
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Trespass on the freehold. Plea, the general issue. Trial by jury, December Term, 1884, Taft, J., presiding. Verdict for the plaintiff; but judgment for the defendant to recover his costs since the tender was made. The jury returned a verdict for the plaintiff for §18.41, damages and costs; but to the following question: “What was the amount of damage done to the ground, growing grass, corn, the apple 'tree, and the corn fodder in the barn ? ” they answered that it was §5. It wa,s proved that the defendant made a tender of $10 shortly after he was sued, when the plaintiff’s cost amounted to…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The verdict being for the plaintiff implies that the jury found that the cow broke through the fence which the defendant was bound to keep in repair. Therefore, if the admission of the evidence as to the division of the fence was error, which is not decided, the plaintiff was not harmed by it. The bill of exceptions does not show that there was any issue in respect to the fence except as to its division.
The special verdict establishes the amount of the damages for all the injuries specified in the declaration. There was no occasion to include…
2Cases cited3 opinions
- Wheelock v. SearsSupreme Court of Vermont · 1847
- Frost v. BatesSupreme Court of Vermont · 1844
- Adams v. MorganSupreme Court of Vermont · 1866
3Cited by9 opinions
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Brown v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1918
- Everson & Co. v. International Granite Co.Supreme Court of Vermont · 1893
- McKane v. GordonSupreme Court of Vermont · 1911
- Village of St. Johnsbury v. DolginSupreme Court of Vermont · 1930
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