Barrows v. Fassett
Supreme Court of Vermont
Trespass, for an assault and battery. The case was referred and the referees reported substantially as follows : That early in the Spring of 1860, a controversy had arisen between the plaintiff and Pliny Fassett, the defendant’s father, respecting a division-fence between the pasture of the plaintiff and that of the said Pliny, the latter claiming that he had for several years built about fifteen rods of fence that belonged to the plaintiff to build ; that this year the said…
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Trespass, for an assault and battery. The case was referred and the referees reported substantially as follows : That early in the Spring of 1860, a controversy had arisen between the plaintiff and Pliny Fassett, the defendant’s father, respecting a division-fence between the pasture of the plaintiff and that of the said Pliny, the latter claiming that he had for several years built about fifteen rods of fence that belonged to the plaintiff to build ; that this year the said Pliny neglected to build said fence, and that the plaintiff’s cattle frequently passed through into said Pliny’s…
1Opinion of the CourtBarrett, J.
Upon the case, and the points made by the excepting party in the argument, no question is made,nor is it claimed,but that the cattle, at the time the defendant found and took control of them in his father’s lot, were lawfully impoundable. So we assume that they were, and start with the question, whether the defendant was so acting for, and as the servant of his father, as to be entitled to the same immunity as his father would have been, if he had personally been doing, and had received at the hands of the plaintiff just what the defendant did, in the transaction which constitutes the alleged…
2Cases cited4 opinions
- Stoughton v. MottSupreme Court of Vermont · 1853
- Paul v. SlasonSupreme Court of Vermont · 1850
- Lamb v. Day & PeckSupreme Court of Vermont · 1836
- Briggs v. GleasonSupreme Court of Vermont · 1856
3Cited by2 opinions
- Raynes v. RogersSupreme Court of Vermont · 2008
- Raynes v. RogersSupreme Court of Vermont · 2008