Johnson v. Perry
Supreme Court of Vermont
Trespass for an assault. Plea, general issue with notice. Trial by jury, September Term, 1883, Nowell, J., presiding. Yerdiet for the defendant. The court instructed the jury as to the testimony of one Higgins, that they were to inquire whether Johnson heard and understood what was being said; and that if he did not, of course no inference could be drawn against him on account of his silence. See Johnson v. Perry, 54 Yt. 459. The testimony of Higgins was hearsay.
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Trespass for an assault. Plea, general issue with notice. Trial by jury, September Term, 1883, Nowell, J., presiding. Yerdiet for the defendant. The court instructed the jury as to the testimony of one Higgins, that they were to inquire whether Johnson heard and understood what was being said; and that if he did not, of course no inference could be drawn against him on account of his silence. See Johnson v. Perry, 54 Yt. 459. The testimony of Higgins was hearsay. Ilersey v. Barton, 23 Yt. 685. The charge of the court, as to defendant’s rights to use force to repossess himself of the wood on…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
The slabs in question belonged to the defendant, but were in the possession of the plaintiff, on his sled, on the defendant’s premises. The plaintiff had got the possession without permission of the defendant. Under these circumstances the defendant was proceeding to repossess himself of the slabs, by throwing them from the sled, when the plaintiff interfered, by throwing the slabs back on to the sled; and the defendant used what force was necessary to prevent the interference, and to unload the slabs.
For the assault of the defendant, under…
2Cases cited5 opinions
- Hodgeden v. HubbardSupreme Court of Vermont · 1846
- Dustin v. CowdrySupreme Court of Vermont · 1851
- Yale v. SeelySupreme Court of Vermont · 1843
- Gale v. LincolnSupreme Court of Vermont · 1839
- Hersey v. BartonSupreme Court of Vermont · 1851
3Cited by8 opinions
- Raynes v. RogersSupreme Court of Vermont · 2008
- Fawkes v. ReynoldsCalifornia Supreme Court · 1922
- Commonwealth v. DonahueMassachusetts Supreme Judicial Court · 1889
- Riffel v. LettsCalifornia Court of Appeal · 1916
- State Ex Rel. Cunningham v. RaySupreme Court of New Hampshire · 1885
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