Harrison v. Harrison
Supreme Court of Vermont
Trespass for an assault and battery. Plea, the general issue and notice of defence: 1st, son assault demesne ; 2d, that assault was made in self-defense, and in the defense of his failer’s close and an acqueduct therein, by his failer’s command. Trial by jury, March term, 1870, Wheeler, J., presiding.
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Trespass for an assault and battery. Plea, the general issue and notice of defence: 1st, son assault demesne ; 2d, that assault was made in self-defense, and in the defense of his failer’s close and an acqueduct therein, by his failer’s command. Trial by jury, March term, 1870, Wheeler, J., presiding. The plaintiff’s evidence tended to show that for several years he had been interested as an owner in an aqueduct on the land of defendant’s failer, that on the evening of April 21st, 1869, as he was going on to that land to see about the aqueduct, he found tho defendant on the land, near the…
1Opinion of the Court
The opinion of the court was delivered by
Bedfield, J.
The case shows that the defendant’s failer was the owner of the freehold on which was situate the aqueduct. The failer “ had forbidden the plaintiff’s entering on the land where it was,” and ‘-had directed the defendant to watch the aqueduct and see that no one interfered with it.” The defendant was a minor son, in the service of his failer, on the premises. The defendant went to the boundary of the land where the aqueduct was, and found the plaintiff about to enter upon the land, on his way to the aqueduct, and about 22i feet from it.…
2Cases cited1 opinion
- Stanton v. BannisterSupreme Court of Vermont · 1830
3Cited by8 opinions
- McQuiggan v. LaddSupreme Court of Vermont · 1906
- Davenport v. SilveySupreme Court of Missouri · 1915
- Knight v. SmytheSupreme Court of Vermont · 1885
- State v. MeaderSupreme Court of Vermont · 1874
- State v. FlanaganWest Virginia Supreme Court · 1915
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