Mack v. Kelsey
Supreme Court of Vermont
This was an action in trespass for the alleged expulsion of the plaintiff, who, being an infant, brought suit by his next friend, from a common school. No special plea nor notice of special matter was filed. The case was tried by jury at the December Term, 1887, Tyler, J., presiding. Yerdict for the defendants ; ^exceptions by the plaintiff. The defendant Lawrence was the teacher of the school, and Kelsey the prudential .committee of -the district.
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This was an action in trespass for the alleged expulsion of the plaintiff, who, being an infant, brought suit by his next friend, from a common school. No special plea nor notice of special matter was filed. The case was tried by jury at the December Term, 1887, Tyler, J., presiding. Yerdict for the defendants ; ^exceptions by the plaintiff. The defendant Lawrence was the teacher of the school, and Kelsey the prudential .committee of -the district. This fact •¡appeared from the testimony of the plaintiff in the opening of .his case. The defendants claimed to justify the assault as such…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
The charge in the declaration is that the defendants assaulted the plaintiff and forcibly ejected him from 'the-school house, he being there peaceably and lawfully as a member-of the school. The only plea is the general issue. The first, question is, whether, under that plea, the defendants could justify as prudential committee and teacher.
The counsel for the defendants, while admitting the general, rule that matter of justification must be pleaded specially, and cannot be shown under the general issue, yet insist that the rule-does not apply…
2Cases cited1 opinion
- Briggs v. MasonSupreme Court of Vermont · 1859
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- Dansro v. ScribnerSupreme Court of Vermont · 1936
- Adams v. CookSupreme Court of Vermont · 1917
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