Harris v. Stevens
Supreme Court of Vermont
Trespass for assault and battery. The defendant Parmalee pleaded specially, in substance, that at the time of the alleged trespass the Vermont and Canada Railroad Company was lawfully possessed of a certain close in Essex, called “ Essex Junction Station,” and that he was their agent, having the custody and control thereof; that the plaintiff entered said close, and there remained against the will of the company and its agent aforesaid, whereupon Parmalee requested him to…
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Trespass for assault and battery. The defendant Parmalee pleaded specially, in substance, that at the time of the alleged trespass the Vermont and Canada Railroad Company was lawfully possessed of a certain close in Essex, called “ Essex Junction Station,” and that he was their agent, having the custody and control thereof; that the plaintiff entered said close, and there remained against the will of the company and its agent aforesaid, whereupon Parmalee requested him to depart therefrom forthwith; that he refused to do so, and that Parmalee thereupon gently laid his hands upon him for the…
1Opinion of the CourtPierpoint, J.
The questions involved in this case arise upon a special demurrer to the plaintiff’s replication.
*87It is insisted on the part of the defendants, among other things specially set forth as cause of demurrer, that the facts alleged in the replication are not sufficient to justify the plaintiff in remaining on the premises of the railroad company after he was requested by the defendant Parmalee (who was the station-agent) to depart therefrom, inasmuch as it is not alleged that the plaintiff was there intending to take the then next train of cars, upon which he was entitled by his ticket to go to…
2Cited by17 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. BinghamOhio Supreme Court · 1876
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Old Colony Railroad v. TrippMassachusetts Supreme Judicial Court · 1888
- Jeffersonville, Madison, & Indianapolis Railroad v. GoldsmithIndiana Supreme Court · 1874
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