Bishop v. Ranney
Supreme Court of Vermont
Assumpsit to recover for work and labor. Plea in offset. Heard on a referee’s report, December Term, 1885, Ross, J., presiding. Judgment for the plaintiff. The referee found -in part: “ On the 25th of April defendant and ¡ffaintiff were at work together in the mill-yard. Defendant sent his boy up to Mr. Colby’s-to get him to come down. The boy came back, not finding Mr. Colby at home. Defendant sent him back, saying 'Mr. Colby would be at home by the time he got there.
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Assumpsit to recover for work and labor. Plea in offset. Heard on a referee’s report, December Term, 1885, Ross, J., presiding. Judgment for the plaintiff. The referee found -in part: “ On the 25th of April defendant and ¡ffaintiff were at work together in the mill-yard. Defendant sent his boy up to Mr. Colby’s-to get him to come down. The boy came back, not finding Mr. Colby at home. Defendant sent him back, saying 'Mr. Colby would be at home by the time he got there. The boy went. Soon the plaintiff and defendant went to supper. While at the table defendant expressed surprise that his boy…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The case involves the question whether the report shows that the plaintiff was justified in leaving the defend-, ant’s employment before the expiration of the term of service contracted for.
*318The plaintiff claims that the conduct of the defendant constitutes an assault, and therefore justified his leaving, although there was no battery.
In Greenl. Ev. vol. 2, sec. 82, an assault is defined to be an inchoate violence to the person of another, with the present means of carrying the intent into effect, and the author cites 1 Steph. N. P. 208;…
2Cases cited2 opinions
- Clark v. DowningSupreme Court of Vermont · 1882
- Forsyth v. HastingsSupreme Court of Vermont · 1855
3Cited by12 opinions
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- Burwell v. PeytonDistrict Court, D. Vermont · 2015
- Decker v. FishDistrict Court, D. Vermont · 2000
- Duffield v. MichaelsU.S. Circuit Court for the District of West Virginia · 1899
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