Tupper v. Clark
Supreme Court of Vermont
Action on the case, joined with counts in trespass as per declaration,- commenced before a justice of the peace, and brought into the county court by appeal. The case was tried before a referee, upon whose special report the court, at the September term, Chittenden county, 1869, Pier-point, C. J., presiding, rendered judgment for the plaintiff, pro forma, to which the defendant excepted.
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Action on the case, joined with counts in trespass as per declaration,- commenced before a justice of the peace, and brought into the county court by appeal. The case was tried before a referee, upon whose special report the court, at the September term, Chittenden county, 1869, Pier-point, C. J., presiding, rendered judgment for the plaintiff, pro forma, to which the defendant excepted. The referee’s report was as follows : During the season of 1867, and at the time of the injury complained of, as hereinafter mentioned, the parties occupied adjoining farms in Underhill, in said county. In…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, C. J.
The questions in this case arise upon the report of a referee. In order to make the proper application of the facts found by the referee to the case before us, it is necessary to look into the declaration, to see what it is that the plaintiff seeks to recover for.
The first count is in trespass, in which the plaintiff alleges that the mare of the defendant kicked the plaintiff’s horse, broke his leg, and rendered him of no value; there is no allegation of attending circumstances that could make the defendant liable, and if all that is…
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