Barrette v. Carr
Supreme Court of Vermont
Trespass To the person. Pleas, the general issue and a justification. Trial by jury at the March Term, 1902, Franklin County, Tyler, J., presiding. Verdict for the plaintiff against Henry Carr set aside. That defendant excepted. In view of the testimony, it was competent and reasonable for the jury to find that Henry Carr was guilty only in the first conflict. This was of a trifling character, and the sum fixed by the jury was adequate.
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Trespass To the person. Pleas, the general issue and a justification. Trial by jury at the March Term, 1902, Franklin County, Tyler, J., presiding. Verdict for the plaintiff against Henry Carr set aside. That defendant excepted. In view of the testimony, it was competent and reasonable for the jury to find that Henry Carr was guilty only in the first conflict. This was of a trifling character, and the sum fixed by the jury was adequate. In actions of tort, the general rule is that a new trial will not be granted for smallness of damages. Segw. Dam. (3 Ed.) 645- A motion to set aside a verdict…
1Opinion of the CourtStafford, J.
The plaintiff was occupying a building of the defendants’ when the defendants, with the assistance of several others, are alleged to> have assaulted and ejected him. One question was whether the defendants had extended the time of the plaintiff’s occupancy, so that he was in possession rightfully, and this question the jury decided in favor of the plaintiff by a special finding; so that, if the defendants did eject the plaintiff by committing an assault upon him, they were liable in this action. The defendant Henry was present during the whole affair, but the defendant John was present during…
2Cases cited3 opinions
- Goldsmith's Admr. v. JoySupreme Court of Vermont · 1889
- Newton v. BrownSupreme Court of Vermont · 1876
- State v. HallockSupreme Court of Vermont · 1897
3Cited by11 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- French v. WheldonSupreme Court of Vermont · 1916
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Parizo v. WilsonSupreme Court of Vermont · 1929
- Wellman, Admr. v. WalesSupreme Court of Vermont · 1923
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