Hathaway v. Rice
Supreme Court of Vermont
Trespass for assault and battery. In the first count in the declaration it was alleged that the defendant, on the first day of January, 1845, laid hold of the plaintiff and with a club and with his fists struck him a great number of violent blows upon his head and body, and shook and pulled him about, and threw him down, and then harshly and brutally kicked him and struck him other violent blows, and wounded him, and tore his clothing.
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Trespass for assault and battery. In the first count in the declaration it was alleged that the defendant, on the first day of January, 1845, laid hold of the plaintiff and with a club and with his fists struck him a great number of violent blows upon his head and body, and shook and pulled him about, and threw him down, and then harshly and brutally kicked him and struck him other violent blows, and wounded him, and tore his clothing. In the second count an assault and battery was alleged, in common form, to have been committed by the defendant upon the plaintiff on the same day. In the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Cxi. J.
This must be taken as a plea to the whole declaration. It commences in bar of the action generally, and proceeds to allege, that, before and at the several times in the declaration meirtioned, the defendant was a school master and the plaintiff was Ms scholar, — that the plaintiff was then and there guilty of the insolence and disobedience alleged, — whereupon the defendant corrected him, &c. And in order to give to this language' its obvious and natural import, it should be understood in a plural and distributive sense, as applying to…
2Cases cited1 opinion
- Hubbele v. WheelerSupreme Court of Vermont · 1827
3Cited by7 opinions
- Lander v. SeaverSupreme Court of Vermont · 1859
- Board of Education v. PurseSupreme Court of Georgia · 1897
- Hardin v. HodgesCourt of Appeals of Texas · 1903
- Mellen v. ThompsonSupreme Court of Vermont · 1859
- Dodd v. StateSupreme Court of Arkansas · 1910
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