Howard v. Tyler
Supreme Court of Vermont
Trespass for damage to the plaintiff’s carriage. Plea, the general issue, and trial by jury, September term, 1873, Barrett, J., presiding.
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Trespass for damage to the plaintiff’s carriage. Plea, the general issue, and trial by jury, September term, 1873, Barrett, J., presiding. The plaintiff’s evidence tended to show, that in October, 1871, his wife and her sister went to Brattleboro with his horse and covered buggy, and that while the horse and carriage were standing on the left-hand side of Main street in said Brattleboro, opposite a dress-maker’s shop, in which his wife was, her sister sitting in the carriage, the defendant drove his four-horse baggage wagon loaded with freight, along the same street, in the direction the…
1Opinion of the Court
The opinion of the coui’t was delivered by
Pierpoint, Oh. J.
It appears that after the case had been submitted to the jury, and they had failed to agree upon a verdict, the court directed a verdict for the plaintiff, and had the jury assess the damages. This course was taken with a view of having the questions of law, raised upon the trial, determined by this court. This disposition of the case, we think, was erroneous ; for if the jux’y had found the facts to be as the defendant’s evidence tended to show, cleaxdy the plaintiff would not have been entitled to recover, as the injury in that case…
2Cases cited1 opinion
- Claflin v. WilcoxSupreme Court of Vermont · 1846
3Cited by7 opinions
- Bahel v. ManningMichigan Supreme Court · 1897
- Judd v. BallardSupreme Court of Vermont · 1894
- Wyant v. CrouseMichigan Supreme Court · 1901
- In re GroutSupreme Court of Vermont · 1914
- Letson v. BrownColorado Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.