Coruth v. Jones
Supreme Court of Vermont
Trespass, for assault and battery. Pleas, the general issue and son assault demesne. Trial by jury at the June Term, 1904, Caledonia County, Waits on, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted.
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Trespass, for assault and battery. Pleas, the general issue and son assault demesne. Trial by jury at the June Term, 1904, Caledonia County, Waits on, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The exceptions state that plaintiff testified, subject to defendant’s objection and exception, that prior to the alleged assault he had a talk with defendant about the latter’s relation with plaintiff’s wife, “in which talk he asked defendant if he would not keep away and told him he was making trouble, and that defendant, in reply, said it was none of my business.”…
1Opinion of the CourtStart, J.
The plaintiff’s evidence tended to show that he had believed that improper relation existed between his wife and the defendant; that he had an altercation with the defendant concerning that relation and that, while so doing, the defendant without warning struck him with a stick. The defendant’s evidence tended to show that he had an altercation with the plaintiff, on the occasion in question, concerning the defendant’s relation with the plaintiff’s wife, and that the blow was struck in self-defence. Such being the tendency of the evidence, it was not error to permit the plaintiff to show when…
2Cases cited3 opinions
- Armstrong v. NobleSupreme Court of Vermont · 1883
- Wright v. McKeeSupreme Court of Vermont · 1864
- Clement v. SkinnerSupreme Court of Vermont · 1900
3Cited by2 opinions
- Harrington v. Commissioners of WadesboroSupreme Court of North Carolina · 1910
- Russ v. GoodSupreme Court of Vermont · 1916