Alexander ex rel. Alexander v. Blodgett
Supreme Court of Vermont
This, was an action of trespass, for an assault with an attempt to ravish. Trial by jury, September term, 1871, Ross, J., presiding, upon the general issue.
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This, was an action of trespass, for an assault with an attempt to ravish. Trial by jury, September term, 1871, Ross, J., presiding, upon the general issue. The plaintiff testified, in substance, that she was fifteen years old, and in February or March, 1869, she went to the barn, and the defendant was there, ( he was living at her father’s house), and exposed his person, and took hold of her, and tried to pull up her clothes, and held her so she could not get away ; that she resisted, and threatened to tell her father. Not long after, on Sunday, in the absence of her father and mother, he…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The plaintiff had a right to absolute security against any attempt to violate her person. Any invasion of that right was unlawful, and if proceeded with so far as to interfere with her person was actionable. The county court seems to have stated the law applicable to assaults generally, and to the cases used for illustrations, correctly. If the rule stated had been properly applied to the evidence in this case there would have been no error. The rule laid down would mate any attempt to do grievous bodily harm, so as to pj4t the person justly…
2Cited by14 opinions
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- Bovee v. Town of DanvilleSupreme Court of Vermont · 1880
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- United States v. BrownUnited States Court of Military Appeals · 1953
- Rogers v. BigelowSupreme Court of Vermont · 1916
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