Mellen v. Thompson
Supreme Court of Vermont
Trespass for assault and battery. The declaration, in addition to the usual charge of an assault and battery, charged that the defendants struck the plaintiff a violent blow upon the left side of his head, and knocked him down ; that one of the defendants held the plaintiff’s hands, and that the other, while the plaintiff’s hands were so held, kicked him in the side and breast and with great violence placed his. knees upon the plaintiff’s breast and choked him, and in other…
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Trespass for assault and battery. The declaration, in addition to the usual charge of an assault and battery, charged that the defendants struck the plaintiff a violent blow upon the left side of his head, and knocked him down ; that one of the defendants held the plaintiff’s hands, and that the other, while the plaintiff’s hands were so held, kicked him in the side and breast and with great violence placed his. knees upon the plaintiff’s breast and choked him, and in other respects so injured him as to endanger his life. Each of the defendants pleaded the general issue, and son assault…
1Opinion of the CourtPoland, J.
The plaintiff’s declaration sets forth a very aggravated asault and battery of the plaintiff by the defendants, and not only charges the defendants with cruelly beating the plaintiff, but also with kicking and choking him. The case of Hathaway v. Rice, 19 Vt. 102, decides that such allegations in a declaration for an assault and battery, are not to be regarded merely as matter in aggravation of the assault and battery complained of, and therefore covered and answered by any plea which would be a good answer to a simple charge of that kind; but that they are to be understood as substantive…
2Cases cited1 opinion
- Hathaway v. RiceSupreme Court of Vermont · 1846
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