McKinstry v. Collins
Supreme Court of Vermont
Case; for an assault upon the plaintiff’s wife. Plea, the general issue, with notice of special matter in justification. Trial by jury at the March Term, 1901, Washington County, Watson, J., presiding. Verdict and judgment thereon for the defendants. The plaintiff excepted.
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Case; for an assault upon the plaintiff’s wife. Plea, the general issue, with notice of special matter in justification. Trial by jury at the March Term, 1901, Washington County, Watson, J., presiding. Verdict and judgment thereon for the defendants. The plaintiff excepted. The alleged cause of action arose while the defendant Collins, a deputy sheriff, was attempting to serve a writ of replevin in favor of the defendant Lovell, for a certain colt in this, plaintiff’s possession. • The case was heard with a petition for a new trial brought by the plaintiff to the October Term, 1901, of this…
1Opinion of the CourtStart, J.
The action is case. The plaintiff seeks to recover damages for an alleged assault upon his wife, which, it is claimed, caused her death. The plaintiff’s evidence tended to show, that at the time of the assault, his wife was pregnant; that the alleged injury so affected her health as to. make her immediately ill, and to cause the death and decomposition of the child while within the mother, thereby producing septicaemia\} or blood-poison, from which she died.
The plaintiff improved E. A. Widber, a practicing physician, who testified that he was called to see the plaintiff’s wife at the time of…
2Cases cited16 opinions
- Hartwell v. RootNew York Supreme Court · 1822
- State v. DohertySupreme Court of Vermont · 1900
- Drake v. MooneySupreme Court of Vermont · 1859
- Arbuckle v. TempletonSupreme Court of Vermont · 1892
- Jewett v. GuyerSupreme Court of Vermont · 1865
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State v. StacySupreme Court of Vermont · 1932
- Parizo v. WilsonSupreme Court of Vermont · 1929
- Bozicevich v. Kenilworth Mercantile Co.Utah Supreme Court · 1921
- Becker v. BeckerSupreme Court of Vermont · 1980
- McKinstry v. CollinsSupreme Court of Vermont · 1904
24 more not listed; retrieve them via the Exa API.