Judd v. Ballard
Supreme Court of Vermont
Trespass for assault and battery. Plea, not guilty. Trial by jury at the April term, 1891, Franklin county, Thompson, J., presiding. Verdict and judgment for the plaintiff. It appeared that the plaintiff and defendant were riding in the rear end of a large express wagon partly lying down, with their feet out of the rear end of the wagon and facing each other.
Read the full summary
Trespass for assault and battery. Plea, not guilty. Trial by jury at the April term, 1891, Franklin county, Thompson, J., presiding. Verdict and judgment for the plaintiff. It appeared that the plaintiff and defendant were riding in the rear end of a large express wagon partly lying down, with their feet out of the rear end of the wagon and facing each other. While in this position the defendant took out his revolver and discharged it over the wheel of the wagon, after which in some manner, while the revolver was still in his hands it was discharged, the ball taking effect in the plaintiff’s…
1Opinion of the CourtMunson, J.
The plaintiff was injured by the discharge of a revolver in the hands of the defendant, while the two 'Were reclining, partially facing each other, in the bottom of a moving wagon. The defendant had discharged one barrel for amusement, and was fixing the hammer preparatory to returning the revolver to his pocket, when the discharge which injured the plaintiff occurred.
Upon the facts presented the defendant is clearly answerable for the damages sustained by the plaintiff. The shooting of the plaintiff was an accident, but in no sense an unavoidable accident. It would not have occurred but for…
2Cases cited11 opinions
- Morris v. PlattSupreme Court of Connecticut · 1864
- Welch v. DurandSupreme Court of Connecticut · 1869
- Bullock v. BabcockNew York Supreme Court · 1829
- Vincent v. StinehourSupreme Court of Vermont · 1835
- Hill v. CoxSupreme Court of Vermont · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Anderson v. SettergrenSupreme Court of Minnesota · 1907
- Bioni Et Ux. v. Haselton, GuardianSupreme Court of Vermont · 1926
- Bahel v. ManningMichigan Supreme Court · 1897
- Healy, Admr. v. MooreSupreme Court of Vermont · 1936
18 more not listed; retrieve them via the Exa API.