Neal v. Thornton
Supreme Court of Vermont
Trespass for assault and battery. Plea, not guilty. Trial by jury at the May term, 1894, Windsor county, Thompson, J., presiding. Verdict and judgment for the defendant. The plaintiff excepts. The offer of compromise could not be shown, x Greenl., Ev., s. 192; 2 Starkie, Ev., 38;. Gerrish v. Sweetzer, 4 Pick. 374-377.
1Opinion of the CourtStart, J.
The plaintiff in opening his case improved his father as a witness, and his testimony tended to show that the defendant assaulted the plaintiff and broke his arm. On cross-examination, as bearing upon the credibility of the witness, the defendant was allowed to show, subject to the plaintiff’s exception, that the witness offered to settle for the doctor’s bill for setting and caring for the plaintiff’s arm if the defendant would settle then without any further ceremony. It appeared that the father employed the doctor and paid him.
This offer was not an admission of any fact relating to the…
2Cited by1 opinion
- Sullivan v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1920