Marsh v. Jones
Supreme Court of Vermont
Trespass on the Case against the defendant as the keeper of a ferocious dog, which he knew was accustomed to bite mankind, for an injury by the dog’s biting the plaintiff. Plea, the general issue, and trial by jury, May Term, 1848, — Redfield, J., presiding.
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Trespass on the Case against the defendant as the keeper of a ferocious dog, which he knew was accustomed to bite mankind, for an injury by the dog’s biting the plaintiff. Plea, the general issue, and trial by jury, May Term, 1848, — Redfield, J., presiding. On trial the plaintiff gave evidence tending to prove, that the defendant was the owner and keeper of a ferocious dog, that had repeatedly bitten persons, which was known to the defendant, and that the plaintiff, while passing the house of the defendant’s father, which was two or three miles from the defendant’s house, was bitten by the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question, which it is deemed of importance to discuss much in detail, is that in regard to the mode of identifying the testimony of a deceased witness. There has been a good deal of discussion in the books, on this subject, and it is one not entirely free from difficulty. The rule laid down in State v. Hooker, 17 Vt. 658, is perhaps as liberal, as could be desired,— more so, than'will b.e found in any of the English cases. All the *381witness could there state, of the testimony of the deceased witness, was the substance of the…
2Cases cited1 opinion
- State v. HookerSupreme Court of Vermont · 1845
3Cited by8 opinions
- Missio v. WilliamsTennessee Supreme Court · 1914
- Henry v. RoachCourt of Appeals of Tennessee · 1956
- McAbee v. DanielCourt of Appeals of Tennessee · 1968
- Downer v. RowellSupreme Court of Vermont · 1852
- Johnson v. PowersSupreme Court of Vermont · 1868
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