Legal Opinion

Simkins v. Eddie

Supreme Court of Vermont

Decided February 15, 1884PublishedCited by 5 opinions

Trespass for an assault and battery on the plaintiff wife. Plea, the general issue, with notice that plaintiffs had never been lawfully married, that said Betsey NT. was the lawful wife of-one Blunt, and of self-defence. Trial by jury, December Term, 1882, Veazey, J, presiding. Yerdict for the plaintiff's.

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Trespass for an assault and battery on the plaintiff wife. Plea, the general issue, with notice that plaintiffs had never been lawfully married, that said Betsey NT. was the lawful wife of-one Blunt, and of self-defence. Trial by jury, December Term, 1882, Veazey, J, presiding. Yerdict for the plaintiff's. The plaintiff’s evidence tended to prove the assault, and that they were husband and wife; the defendant’s evidence tended to support his plea and notice, and to prove abusive language • as a provocation. The plaintiff, Betsey M., testified that she was never married till she married the…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

The charge on the subject of self-defence is substantially like the charge on that subject in Howland v. Day, ante, 318, in which the charge was sustained, and we refer to that, case for a statement of the law of the subject.

Defendant has no ground to complain of the court’s omission to charge as to provocation mitigating damages, as he testified that he did not strike because he was provoked, but in self-defence.

It was entirely competent to show Mrs. Simkins’ loss of memory as tending to show the nature and extent of her injury by the…

2Cases cited4 opinions

  1. Badger v. . BadgerNew York Court of Appeals · 1882
  2. Kaime v. Trustees of the Village of OmroWisconsin Supreme Court · 1880
  3. Barton v. Town of MontpelierSupreme Court of Vermont · 1858
  4. Babcock v. Town of GuilfordSupreme Court of Vermont · 1875

3Cited by5 opinions

  1. Jenness v. SimpsonSupreme Court of Vermont · 1911
  2. Graves v. Town of WaitsfieldSupreme Court of Vermont · 1908
  3. Wells v. TuckerSupreme Court of Vermont · 1884
  4. Witters v. SowlesUnited States Circuit Court · 1886
  5. French v. WareSupreme Court of Vermont · 1892

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