Devine v. Rand
Supreme Court of Vermont
Trespass in five counts. The plaintiff charged the defendant with beating, kicking and in other ways abusing her. To some of the charges the defendant pled the general issue, and others he justified as having been done by way of moderate correction for misbehavior in her as a servant, she being a child about eleven years old that the defendant had taken to bring up.
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Trespass in five counts. The plaintiff charged the defendant with beating, kicking and in other ways abusing her. To some of the charges the defendant pled the general issue, and others he justified as having been done by way of moderate correction for misbehavior in her as a servant, she being a child about eleven years old that the defendant had taken to bring up. The plaintiff joined issue upon the general issues, and to the pleas in justification replied, “ de injuria,” etc., upon which issues were joined. Trial by jury, April Term, I860, Barrett, J. presiding. It appeared upon trial that…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
The court ruled that under the replication de sua injuria the plaintiff was entitled to recover for any excessive force *625beyond reasonable chasetisement, of which they should find the defendant guilty.* The correctness of this rule the defendant now concedes, and the only exceptions urged are to the rulings of the court in the admission of the testimony objected to.
The plaintiff, after introducing evidence tending to prove the five distinct acts of trespass, counted upon in the declaration, proceeded against objection to prove other acts and…
2Cases cited7 opinions
- McWilliams v. BraggWisconsin Supreme Court · 1854
- Peoria Bridge Ass'n v. LoomisIllinois Supreme Court · 1858
- Nye v. MerriamSupreme Court of Vermont · 1862
- St. Peter's Church v. BeachSupreme Court of Connecticut · 1857
- Stanton v. BannisterSupreme Court of Vermont · 1830
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3Cited by14 opinions
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- Lancour v. Herald and Globe Ass'n.Supreme Court of Vermont · 1942
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