Clark v. Tudhope
Supreme Court of Vermont
Trespass for assault and battery, alleged to have been committed on the plaintiff by the nine defendants. Thé defendants pleaded, severally, the general issue, and eleven pleas in justification relying on self-defence; defence of master; defence of father; defence of ownership and possession of designated land; and, as servants, defence of ownership and possession of their master’s designated land. Issue joined on all of those pleas.
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Trespass for assault and battery, alleged to have been committed on the plaintiff by the nine defendants. Thé defendants pleaded, severally, the general issue, and eleven pleas in justification relying on self-defence; defence of master; defence of father; defence of ownership and possession of designated land; and, as servants, defence of ownership and possession of their master’s designated land. Issue joined on all of those pleas. Trial by jury at the September Term, 1913, Franklin County, Slack, J., presiding. Verdict and judgment for the defendants. The plaintiff excepted. The opinion…
1Opinion of the CourtWatson, J.
In plaintiff’s opening case, his witness J. S. Tassie testified to having a conversation with defendant Tudhope a few days before the time of the alleged assault, in which the latter said he was going to build the fence, and that he would like to set up a post there and have Clark (the plaintiff) pull it out so he could get at him. The evidence was received under an offer to show that this defendant made a threat against the plaintiff on that occasion. Defendants moved to have the testimony stricken out because it did not fulfil the offer as containing a threat. The motion was granted, to…
2Cases cited6 opinions
- Winn v. Village of RutlandSupreme Court of Vermont · 1880
- Lawson v. Crane & HallSupreme Court of Vermont · 1909
- Weeks v. Town of LyndonSupreme Court of Vermont · 1881
- Crawford v. JoslynSupreme Court of Vermont · 1910
- Needham v. Boston & Maine RailroadSupreme Court of Vermont · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- State v. StacySupreme Court of Vermont · 1932
- Brown v. AitkenSupreme Court of Vermont · 1916
- French v. NelsonSupreme Court of Vermont · 1941
- Hall v. FletcherSupreme Court of Vermont · 1927
2 more not listed; retrieve them via the Exa API.