Bagley v. Mason
Supreme Court of Vermont
Trespass for assault and battery. Plea, the general issue. Trial by jury at the June Term, 1896, Caledonia County, Ross, C. J., presiding. The plaintiff’s evidence tended to show that on the 24th day of February, 1895, while he was lying upon a lounge at his boarding-place, the defendant, in a state of intoxication, struck him in the abdomen inflicting an injury which resulted in hernia; that he had suffered a general loss of health and had been unable to work.
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Trespass for assault and battery. Plea, the general issue. Trial by jury at the June Term, 1896, Caledonia County, Ross, C. J., presiding. The plaintiff’s evidence tended to show that on the 24th day of February, 1895, while he was lying upon a lounge at his boarding-place, the defendant, in a state of intoxication, struck him in the abdomen inflicting an injury which resulted in hernia; that he had suffered a general loss of health and had been unable to work. Against the defendant’s exception the plaintiff was permitted to show that in July, 1895, he was sick with a cold and a resulting…
1Opinion of the CourtMunson, J.
The plaintiff claimed that the defendant *178struck him in the abdomen while he was lying upon a lounge. The defendant denied the striking. The plaintiff introduced testimony to show that the defendant was intoxicated, and included therein evidence of what the defendant did before he came into the plaintiff’s presence. It is insisted that this evidence should have been confined to a direct statement of the witness as to the defendant’s condition. But we think the same reason which permits proof of intoxication as bearing upon the probability of an assault will permit proof of the extent and…
2Cited by8 opinions
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- State v. CoburnSupreme Court of Vermont · 1960
- Howard v. . WrightSupreme Court of North Carolina · 1917
- Seeley v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
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