Russ v. Good
Supreme Court of Vermont
Trespass for assault and battery. Pleas, the general issue, and self defence. Replication, de injuria. Trial by jury at the September Term, 1916, Washington County, Fish,, J., presiding. Verdict for plaintiff. Defendant excepted.- See the prior report of this case, 90 Vt. 236, 97 Atl. 987. Plaintiff and defendant were granite cutters, employed by the same firm.
Read the full summary
Trespass for assault and battery. Pleas, the general issue, and self defence. Replication, de injuria. Trial by jury at the September Term, 1916, Washington County, Fish,, J., presiding. Verdict for plaintiff. Defendant excepted.- See the prior report of this case, 90 Vt. 236, 97 Atl. 987. Plaintiff and defendant were granite cutters, employed by the same firm. The employees were accustomed to eat their dinners each day in a room near the main shed, in which there was a table so placed that one end was against the wall of the room, and one side so close to another wall that there was only…
1Opinion of the CourtTaylor, J.
The action is trespass for an assault and battery. The case was tried at the September Term, 1914, of Washington County court on a plea of self defence, with verdict and *204judgment for the defendant. It came to this Court on exceptions and was reversed for improper argument. 90 Vt. 236, 97 Atl. 987. After the remand the pleadings were amended by adding the replication de injuria and a new trial was had, resulting in a verdict and judgment for the plaintiff. The facts developed on the retrial were substantially the same as at the previous trial and are sufficiently detailed in our former opinion.
2Cases cited4 opinions
- McKinstry v. CollinsSupreme Court of Vermont · 1904
- Russ v. GoodSupreme Court of Vermont · 1916
- Johnson v. CateSupreme Court of Vermont · 1902
- Wilson v. BlakeSupreme Court of Vermont · 1880
3Cited by20 opinions
- Aetna Casualty & Surety Co. v. NiziolekMassachusetts Supreme Judicial Court · 1985
- State v. StacySupreme Court of Vermont · 1932
- Duchaine, B.N.F. v. RaySupreme Court of Vermont · 1939
- Der Minasian v. Aetna Life InsuranceMassachusetts Supreme Judicial Court · 1936
- McLaughlin v. CommissionerUnited States Board of Tax Appeals · 1933
15 more not listed; retrieve them via the Exa API.