Brothers v. Morris
Supreme Court of Vermont
Trespass for assault and battery. Pleas, the general issue, and a special plea in bar, alleging that the plaintiff was unlawfully in the counting-room of which the defendant was lawfully possessed, making a great noise and disturbance, and obstructing the defendant in the performance of his lawful duties, and that the defendant thereupon requested him to depart, which he refused to do, whereupon the defendant gently laid his hands upon him in order to.remove him from said…
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Trespass for assault and battery. Pleas, the general issue, and a special plea in bar, alleging that the plaintiff was unlawfully in the counting-room of which the defendant was lawfully possessed, making a great noise and disturbance, and obstructing the defendant in the performance of his lawful duties, and that the defendant thereupon requested him to depart, which he refused to do, whereupon the defendant gently laid his hands upon him in order to.remove him from said room, and did remove him therefrom. Replication, de injuria, and joinder. Trial by jury, December Term, 1876, Powers, J.,…
1Opinion of the Court
The opinion of the court was delivered by
Pjerpoint, C. J.
The only question involved in this case arises upon the charge of the court. It appears from the exceptions, that the defendant was the president of a corporation known as the Ottauqueechee Woolen Company, which owned a factory building at North Hartland, and manufactured goods there, having a counting room, or office, in said building; that defendant was also the superintendent of the works of said company, and had charge of the factory building, office, &c. It also appears, that prior to January 1875, the plaintiff had been president…
2Cases cited1 opinion
- Watrous v. SteelSupreme Court of Vermont · 1829
3Cited by2 opinions
- Knight v. Western Auto Supply Co.Missouri Court of Appeals · 1946
- People v. FaulknerDistrict Court, Virgin Islands · 1929