Worden v. Powers
Supreme Court of Vermont
Trespass for breaking into and crossing tbe plaintiff’s prpmiseSj and trampling down and destroying his herbage, &c. The case was¡ referred to a referee who reported the- facts substantially as set forth in the opinion of the court. At the September Term, 1863, Barrett, J., presiding, the court pro forma rendered judgment for the plaintiff, on the referee’s report, — to which the defendant excepted. I. The referee- erred in excluding the evidence offered.
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Trespass for breaking into and crossing tbe plaintiff’s prpmiseSj and trampling down and destroying his herbage, &c. The case was¡ referred to a referee who reported the- facts substantially as set forth in the opinion of the court. At the September Term, 1863, Barrett, J., presiding, the court pro forma rendered judgment for the plaintiff, on the referee’s report, — to which the defendant excepted. I. The referee- erred in excluding the evidence offered. It was the declarations of the defendant accompanying the act of going from the place of meeting, and therefore admissible as part of the…
1Opinion of the Court
Poland, Ch. J.
The defendant claimed that he made a contract with the plaintiff by which the plaintiff gave him license to cross his land, and that he paid the plaintiff fifty cents therefor. The plaintiff denied making such contract or giving such license, and also denied meeting the defendant at the place where the defendant said the contract was made. The defendant introduced evidence tending *621to prove that the parties did meet at the place where the defendant •claimed they did. The defendant then offered to prove that soon after, he told two witnesses that he met the plaintiff, and what…
2Cases cited1 opinion
- Elkins v. HamiltonSupreme Court of Vermont · 1848
3Cited by4 opinions
- Goulette's Administrator v. Grand Trunk Railway Co.Supreme Court of Vermont · 1919
- State v. CarltonSupreme Court of Vermont · 1876
- Downer v. Town of StraffordSupreme Court of Vermont · 1874
- Wilkins v. MetcalfSupreme Court of Vermont · 1898