Watrous v. Steel
Supreme Court of Vermont
!Trespass for an assault and battery. Plea, not guilty as to all the trespass, except the assault and battery, and a justification of that in defence of the defendant’s possession. Replication, that the trespass was committed of the defendants own wrong, and without the cause assigned ; on which issue was joined. ' On the part of the plaintiff, Daniel Bates testified, that in March, 1827, the plaintiff went into the book store of Geo.
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!Trespass for an assault and battery. Plea, not guilty as to all the trespass, except the assault and battery, and a justification of that in defence of the defendant’s possession. Replication, that the trespass was committed of the defendants own wrong, and without the cause assigned ; on which issue was joined. ' On the part of the plaintiff, Daniel Bates testified, that in March, 1827, the plaintiff went into the book store of Geo. W. Hill &. Co. and sat down, and soon fell asleep; — that the defendant spoke to him, hut the plaintiff did not hear; — that the defendant spoke to him again,…
1Opinion of the Court
Turner, J.,
delivered the opinion of the Court. — The jury-have found the facts in this case under the directions of the court, and we are now to inquire whether those directions were in accordance with the principles of law relating to the subject. If the charge was not according to law, the verdict must be set aside, and a new trial granted : but If the charge was right, the-judgement must be affirmed ; for we cannot interfere with the facts found by the jury.
The case states that the plaintiff’ entered the book-store with the-permission or license of the legal owner, and that the defendant…
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