Niebyski v. Welcome
Supreme Court of Vermont
Action ok Tort for assault and battery. Plea, the general issue. Trial by jury at the April Term, 1918, Windham County, Fish, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. This Court has repeatedly held that a judgment will not be reversed because an improper question was asked. State V. Burpee, 65 Vt. 1; Houston v. Brush, 66 Vt. 331; State v. Buck, 74 Vt. 29; Carpenter v. Corinth, 58 Vt. 214; Smith v. Ins.
Read the full summary
Action ok Tort for assault and battery. Plea, the general issue. Trial by jury at the April Term, 1918, Windham County, Fish, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. This Court has repeatedly held that a judgment will not be reversed because an improper question was asked. State V. Burpee, 65 Vt. 1; Houston v. Brush, 66 Vt. 331; State v. Buck, 74 Vt. 29; Carpenter v. Corinth, 58 Vt. 214; Smith v. Ins. Co., 60 Vt. 682. It is the duty of the court to charge only the law relating to the evidence in the case and not to deliver a…
1Opinion of the CourtTaylor, J.
This is an action of tort for assault and battery. Trial was by jury with verdict and judgment for the plaintiff. The ease is here on defendant’s exceptions.
The plaintiff and her husband are Polish people, natives of Austria, and at the time in question residents of Guilford in this State. Her evidence tended to show that the defendant came to her house during the husband’s absence and committed rape upon her.
The character of the plaintiff for chastity was made an issue in the case on the question of damages. The defendant supported his claim in this regard by testimony of an admission by the…
2Cases cited9 opinions
- Earl v. TupperSupreme Court of Vermont · 1873
- Fairchild v. North-Eastern Mutual Life Ass'nSupreme Court of Vermont · 1879
- State v. FelchSupreme Court of Vermont · 1918
- Rudd v. RoundsSupreme Court of Vermont · 1892
- Hoadley v. WatsonSupreme Court of Vermont · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ronan v. J. G. Turnbull Co.Supreme Court of Vermont · 1926
- State v. LapanSupreme Court of Vermont · 1928
- State v. NortinOregon Supreme Court · 1942
- Paul v. DrownSupreme Court of Vermont · 1937
- Robins Dry Dock & Repair Co. v. Navigazione Libera Triestina, S. A.Court of Appeals for the Second Circuit · 1929
12 more not listed; retrieve them via the Exa API.