Usher v. Severance
Supreme Court of Vermont
Trespass for assault and battery. Pleas, the general issue and three special pleas in justification. Trial by jury at the April Term, 1912, Windham County, Fish, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. At the time in question the plaintiff was a resident of Bellows Falls, an incorporated village in the town of Rockingham, and the defendant was the chief of police in said village.
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Trespass for assault and battery. Pleas, the general issue and three special pleas in justification. Trial by jury at the April Term, 1912, Windham County, Fish, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. At the time in question the plaintiff was a resident of Bellows Falls, an incorporated village in the town of Rockingham, and the defendant was the chief of police in said village. It appeared that the village owned a police station house of which the defendant, as chief of police, had a key, and according to his testimony he had the care and custody…
1Opinion of the CourtWatson, J.
The plaintiff contends thg,t since the record does not show that any evidence was introduced touching the value of the bicycles stolen, the presumption is, that their value was only such as to make the offence petit larceny, and that therefore the officer had no authority in law to arrest the boy without a warrant therefor. However, the record does not negative the introduction of such evidence, and this Court cannot assume that none was introduced. Brownell v. Troy & Boston R. Co., 55 Vt. 218; Armstrong v. Noble, 55 Vt. 428. Every presumption is to be made in favor of the judgment below…
2Cases cited12 opinions
- State v. ShawSupreme Court of Vermont · 1901
- McKinstry v. CollinsSupreme Court of Vermont · 1904
- In re Cowdry's WillSupreme Court of Vermont · 1905
- Herrick v. Town of HollandSupreme Court of Vermont · 1910
- Townshend v. TownshendSupreme Court of Vermont · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- Lancour v. Herald & Globe Ass'nSupreme Court of Vermont · 1941
- State v. StacySupreme Court of Vermont · 1932
- Dailey v. Town of LudlowSupreme Court of Vermont · 1929
- Ellison v. ColbySupreme Court of Vermont · 1939
11 more not listed; retrieve them via the Exa API.