Hazen v. Strong
Supreme Court of Vermont
This was an action of trespass for taking the plaintiff’s cow.— The defendant pleaded the general issue, and also a special plea in bar.
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This was an action of trespass for taking the plaintiff’s cow.— The defendant pleaded the general issue, and also a special plea in bar. The plea in bar set forth, that, on the first day of October, 1820, the inhabitants of JYorih Hero, in said county, were greatly exposed to the spreading of the small pox in said town, and greatly exposed to be infected by said disease, by reason of persons passing through said town, and residing in the neighborhood of said inhabitants, who were infected with said disease ; and that, afterwards, on, Stc. the selectmen of said town, in order to prevent the…
1Opinion of the CourtHutchinson, J.
after, stating the case, pronounced the opinion of the Court.
Several points have been urged in argument, the most of them, however, depend chiefly upon the view the Court may entertain upon the main subject of the controversy.
The parties having agreed upon joining an issue of fact to the court, the facts found by the court, and appearing of record, are to be treated as if found by the jury in an issue tried by them. Both parties claiming judgment upon this finding, it is necessary to ascertain the importance of the facts found, in connection with those acknowledged by the pleadings.
The…
2Cited by8 opinions
- Matter of ViemeisterNew York Court of Appeals · 1904
- City of New Braunfels v. WaldschmidtTexas Supreme Court · 1918
- Prudential Co-Operative Realty Co. v. City of YoungstownOhio Supreme Court · 1928
- State ex rel. Freeman v. ZimmermanSupreme Court of Minnesota · 1902
- Morris v. City of ColumbusSupreme Court of Georgia · 1898
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