Douglas v. Carr
Supreme Court of Vermont
Trespass for assault and battery. Pleas, tbe general- issue, and a special plea justifying tbe assault in defence of defendant’s possession of a car that be was sweeping and cleaning. Trial by jury at tbe December Term, 1906, Lamoille County, Miles, J., presiding. Verdict and judgment for tbe plaintiff. Tbe defendant excepted. Tbe opinion fully states tbe case.
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Trespass for assault and battery. Pleas, tbe general- issue, and a special plea justifying tbe assault in defence of defendant’s possession of a car that be was sweeping and cleaning. Trial by jury at tbe December Term, 1906, Lamoille County, Miles, J., presiding. Verdict and judgment for tbe plaintiff. Tbe defendant excepted. Tbe opinion fully states tbe case. Tbe spirit of tbe times is such that railroad corporations are not in good favor with jurors, but tbeir misfortune in that respect should not be visited on tbe employees who clean tbeir cars. Tbe argument was erroneous and prejudicial.…
1Opinion of the CourtTyler, J.
Trespass for an assault and battery; plea, justification, replication, de injuria. The plaintiff was a mail agent on the St. Johnsbury and Lake Champlain Railroad and the defendant- was a car cleaner on that road. At the time of the alleged assault, while a car was standing on a side-track in St. Johnsbury, the defendant was cleaning the smoking-room of the car which also contained the mail-room and the baggage-room. The plaintiff’s evidence tended to show that while he was engaged in his work in the mail-room he went into the smokingl room and found fault with the defendant about the…
2Cases cited1 opinion
- McDonald v. PeopleIllinois Supreme Court · 1888
3Cited by4 opinions
- Landry v. HubertSupreme Court of Vermont · 1927
- In re DexterSupreme Court of Vermont · 1919
- State v. ParkerSupreme Court of Vermont · 1932
- Barrels v. DickinsonSupreme Court of Vermont · 1909