Pingry v. Washburn
Supreme Court of Vermont
IN ERROR. THE judgment sought to be reversed by. this writ of error, was rendered by the county court of Windsor county, in an action oh the ease, brought to recover the penalty for forcibly passing a turnpike gate, wijj^ut having first paid toll, cowary to the provisions of the 8th section of the act incorporating the Green Mountain Turnpike Company.
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IN ERROR. THE judgment sought to be reversed by. this writ of error, was rendered by the county court of Windsor county, in an action oh the ease, brought to recover the penalty for forcibly passing a turnpike gate, wijj^ut having first paid toll, cowary to the provisions of the 8th section of the act incorporating the Green Mountain Turnpike Company. On the trial below, the defendant having pleaded not guilty, with notice of special matter, the plaintiff, to prove the issue on his part, read in evidence the act incorporating said company, passed Nov. 2, 1799, in which it is enacted, among…
1Opinion of the Court
Skinner, Ch. J.
For the purposes of correct and regular proceeding, and as far as possible, of placing the claims of parties upon equal footing, in the trial of causes, all courts are presumed to have adopted certain rules, applicable to the order in which testimony shall be given. The rule is, that the party on whom rests the burden of proving any fact, shall first proceed with evidence for that purpose, and if no testimony is given, tending to disprove the fact thus attempted to be established, no farther testimony will be received upon that point. A departure, however, from this course, in…
2Cited by13 opinions
- Lyon v. . MitchellNew York Court of Appeals · 1867
- Harris v. Roof's ExecutorsNew York Supreme Court · 1851
- Chippewa Valley & Superior Railway Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1889
- Reed v. AllenSupreme Court of Vermont · 1959
- State v. MagoonSupreme Court of Vermont · 1877
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