Legal Opinion

Newell v. Whitcher

Supreme Court of Vermont

Decided October 15, 1880PublishedCited by 16 opinions

This case was tried at the December Term, 1878, Ross, J., presiding. Trial by jury ; verdict for the plaintiff to recover $225, including $100 for exemplary damages. All the questions are substantially stated in the opinion of the court, ¡except the charge to the jury.

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This case was tried at the December Term, 1878, Ross, J., presiding. Trial by jury ; verdict for the plaintiff to recover $225, including $100 for exemplary damages. All the questions are substantially stated in the opinion of the court, ¡except the charge to the jury. Charge : “ That if they found that the dedefendant entered the plaintiff’s room and did and said what the plaintiff said he did, and thereby frightened her, and that her health was thereby affected and she was unable to perform her customary duties and labors, she could recover, and it was immaterial o,n which count of the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The plaintiff, an unfortunate girl, blind from her birth, gave lessons in music one day in each week to defendant’s daughters, and lodged there over night. A certain room in defendant’s house was assigned to plaintiff by defendant and his wife, as a private lodging room. On the occasion in question, she *591was awakened about the middle of the night, in the dark, by the rustle and footsteps of some person in her room ; presently the defendant sat down upon her bed and bed-clothes in which she was wrapped, leaned over her person, and made…

2Cases cited2 opinions

  1. Alexander ex rel. Alexander v. BlodgettSupreme Court of Vermont · 1872
  2. Bigelow v. RisingSupreme Court of Vermont · 1870

3Cited by16 opinions

  1. Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
  2. Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
  3. Halio v. LurieAppellate Division of the Supreme Court of the State of New York · 1961
  4. Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
  5. Bowles v. MaySupreme Court of Virginia · 1932

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