Picknell v. Fulton
Supreme Court of Vermont
Trover for a heifer. Plea, the general issue. Trial by jury at the June Term, 1914, Orange County, Fish, J., presiding. Verdict for the plaintiff for $47.50 actual damages, and $52.08 exemplary damages. Remittitur filed reducing the verdict to $75, the amount of the ad damnum. Judgment for the plaintiff for $75 and costs. The defendant excepted. The opinion states the case.
1Opinion of the CourtMunson, C. J.
The contest is over a grade Jersey heifer, and the question is one of identity. The plaintiff bought, and the defendant raised, such a heifer. The plaintiff’s heifer had been tested and tagged; the defendant’s had not. The heifer taken from the plaintiff’s possession was tagged. The defendant claimed that the plaintiff or his vendor changed the tag from one animal to the other.
The plaintiff showed by the veterinary who made the test that it was his custom when he made a test to put a tag in the ear of the animal tested, and that in this ease he made the test in April but did not put in the…
2Cases cited4 opinions
- Armstrong v. NobleSupreme Court of Vermont · 1883
- Usher v. SeveranceSupreme Court of Vermont · 1913
- Willard v. NorcrossSupreme Court of Vermont · 1913
- Ploof v. PutnamSupreme Court of Vermont · 1910
3Cited by5 opinions
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
- Dieter v. ScottSupreme Court of Vermont · 1939
- Green v. LaClairSupreme Court of Vermont · 1915
- State v. HathornSupreme Court of Vermont · 1927
- Daniels v. NelsonSupreme Court of Vermont · 1868