Burnett v. Ward
Supreme Court of Vermont
Action of trespass under the statute, as per declaration. Plea, not guilty. Trial by jury, September term, 1868, Barrett, J., presiding. Tbe declaration is as follows: “ In a plea of trespass given and had under and by force of the ninth section of chapter 104 of tbe General Statutes of said State-of Vermont, for that tbe defendant,” &c., and then proceeds in common form, alleging that tbe defendant’s dog worried and killed tbe plaintiff’s sheep.
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Action of trespass under the statute, as per declaration. Plea, not guilty. Trial by jury, September term, 1868, Barrett, J., presiding. Tbe declaration is as follows: “ In a plea of trespass given and had under and by force of the ninth section of chapter 104 of tbe General Statutes of said State-of Vermont, for that tbe defendant,” &c., and then proceeds in common form, alleging that tbe defendant’s dog worried and killed tbe plaintiff’s sheep. Tbe evidence tended to prove and maintain all tbe material averments of tbe declaration. Tbe defendant claimed and asked tbe court to bold and…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The question presented is, whether the County court erred in applying to this case the rule of evidence applicable to the common law-action of trespass, instead'of that governing criminal cases, which requires the jury to be convinced beyond a reasonable doubt of the guilt of the accused, in order to convict. The form of proceeding in this case is that of a civil"suit: an action of trespass to recover damages for the worrying and killing of the plaintiff’s sheep by the defendant’s dog. The cause of action is one for which the plaintiff might…
2Cases cited7 opinions
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- Webster v. PeopleIllinois Supreme Court · 1853
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- Moore v. JonesUnited States District Court · 1848
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3Cited by12 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Kinzua Lumber Co. v. DaggettOregon Supreme Court · 1955
- Payne v. SheetsSupreme Court of Vermont · 1903
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