Ellsworth v. Potter
Supreme Court of Vermont
This was an action of trespass, quare clausum fregit. Plea, the general issue. Trial by jury, at the December term, 1867, Prout, J., presiding.
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This was an action of trespass, quare clausum fregit. Plea, the general issue. Trial by jury, at the December term, 1867, Prout, J., presiding. The plaintiff introduced evidence tending to show that about the hour of 12 o’clock, on the night of the 23d of November, 1865, the defendants in company entered into and upon the dooryard of the plaintiff, throwing down the gate, and when within a rod of the plaintiff’s house, threw stones and eggs through the windows, — breaking six panes of glass, — into the lower room of said house, badly soiling and besmearing tbe walls and floor of said room,…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
1. The doctrine that in this class of cases exemplary damages may, in the discretion of the jury, be awarded the party injured, has in this state been so long and so uniformly recognized, that, in our judgment, it should be regarded as settled beyond debate. The matters brought to the attention of the jury, namely, the circumstances of the trespass, the indignity to the plaintiff, the fact that the trespass was committed in the night time, the sit-*689nation of tbe plaintiff’s family, were, all of them, as well as tbe degree of fault or of malice…
2Cases cited6 opinions
- Lawrence v. BarkerNew York Supreme Court · 1830
- Atwood v. WeltonSupreme Court of Connecticut · 1828
- Devine v. RandSupreme Court of Vermont · 1866
- Pierce v. GilsonSupreme Court of Vermont · 1837
- Powers v. LeachSupreme Court of Vermont · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hambleton v. Aja Granite Co.Supreme Court of Vermont · 1921
- Pettie v. StateCourt of Appeals of Maryland · 1989
- State v. WarrenOregon Supreme Court · 1902
- Dubois v. RobySupreme Court of Vermont · 1911
- Farmer v. WilliamsSupreme Court of Vermont · 1918