Administrator of Whitney v. Town of Clarendon
Supreme Court of Vermont
Trespass on the Case, brought to recover for loss of service, &c., sustained by Benjamin Whitney, subsequent to the twenty eighth day of February, 1840, in consequence of personal injuries occasioned to his minor son by the breaking down of a bridge, which it was the duty of the defendants to keep in repair. Plea, the general issue, and trial by jury, — Williams, Ch. J., presiding.
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Trespass on the Case, brought to recover for loss of service, &c., sustained by Benjamin Whitney, subsequent to the twenty eighth day of February, 1840, in consequence of personal injuries occasioned to his minor son by the breaking down of a bridge, which it was the duty of the defendants to keep in repair. Plea, the general issue, and trial by jury, — Williams, Ch. J., presiding. On trial the liability of the defendants to support the bridge in question, the fact that it was out of repair, and the injury to the son of the plaintiff’s intestate, occasioned thereby, were conceded. The…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We think that there was no objection to the defendant’s availing themselves, under the general issue, of the matter offered in defence. In an action on the case any thing may be given in evidence under the general issue, which destroys the right of action. If damages are sought to be recovered for beating the plaintiff’s horse, by means'of which he lost his service, the defendant may well show, under the general issue, that the beating was lawful. Str. 872. Bul. N. P. 78.
The question then arises, does the former recovery destroy the…
2Cited by13 opinions
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- Porter v. MackWest Virginia Supreme Court · 1901
- Ludwick v. . PennySupreme Court of North Carolina · 1911
- Kennett v. TudorSupreme Court of Vermont · 1911
- Matthie v. Town of BartonSupreme Court of Vermont · 1867
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