St. Johnsbury & Lake Champlain R. R. v. Hunt
Supreme Court of Vermont
Action by railroad company against one for maliciously causing the arrest of its engineer. Heard on demurrer to the declaration, June Term, 1882, Caledonia County, Ross, J., presiding. Demurrer proforma sustained.
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Action by railroad company against one for maliciously causing the arrest of its engineer. Heard on demurrer to the declaration, June Term, 1882, Caledonia County, Ross, J., presiding. Demurrer proforma sustained. The declaration averred, in part: “ That the said defendant on said 2d day of November, A. D. 1881, was the owner of a certain one year old heifer and certain other cattle ; that on said 2d day of November, A. D. 1881, the said defendant, at Johnson aforesaid, wrongfully, carelessly and negligently permitted said heifer and other cattle to be and remain on a public highway, in said…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
The case stands on demurrer to the first count of the declaration. The defendant’s counsel contends that the “ gravamen of the count is the arrest of Collins,” and that his arrest was no infringement of the rights of the plaintiff; that this was illegal, if at all, only as against him, and that the plaintiff cannot recover damages for an act not illegal as to itself; that the damages resulting to the plaintiff from this arrest of its servant upon due process are damnum absque injuria.
We think, the assumption that the gist of the count is the…
2Cases cited9 opinions
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Emery v. FowlerSupreme Judicial Court of Maine · 1855
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
- Case v. ReeveNew York Supreme Court · 1817
- Page v. CushingSupreme Judicial Court of Maine · 1854
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3Cited by11 opinions
- Offshore Rental Co. v. Continental Oil Co.California Supreme Court · 1978
- Keene Lumber Co. v. LeventhalCourt of Appeals for the First Circuit · 1948
- Stinnett v. Paramount-Famous Lasky Corp. of New YorkTexas Commission of Appeals · 1931
- Chrysler Corp. v. Fedders Corp.District Court, S.D. New York · 1982
- Giroux v. LussierSupreme Court of Vermont · 1969
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