6 Vt. 496 | Vt. | 1834
The opinion of the court was delivered by
— In-this cause, the admission of certain testimony and the charge of the court are first drawn in question, by the bill of exceptions; and then the sufficiency of the declaration,
The law has well classified evidence m general, and the leading proofs in the trial of every issue; but the line between strengthening or confirming circumstances, that have not a direct or certain tendency to prove the issue, and yet are not so remote as to be inadmissible, is not in all cases distinctly marked, and from the ever shifting aspects that new cases present under the same issues, never can be distinctly defined. Hence Starkie says, (vol. ii. p. 380,) “It seems to be the province of a judge, in the exercise of sound discretion, to discriminate between such facts as are connected with the issue and such as are merely collateral.” It is believed that in modern practice, the evidence that is permitted to go to a jury is more natural; that it is not governed by rules so artificial as formerly. In re-
The testimony was certainly not very pertinent, and so it is to be presumed the court would have instructed the jury, if they had been requested, and at the stage of the trial when it was admitted there might have been no impropriety in rejecting it. But as the defendants afterwards by their testimony went fully into the history of the building of one part of the bridge, to decide that the proof admitted relating to the other part, which it is scarcely possible to believe affected the verdict, should reverse the judgment, would be hypercritical.
As to the charge, the question is, whether in connection with the evidence in the case,, and the request of the defendant’s counsel, the law was correctly stated which should govern the case. The fiivt position taken by the court was, that the corporation should be liable in the same manner and to the same extent that towns are made liable for damages by the laws of the State. To this no objection has been made. The charge
As to the motion in arrest, it is apparent that the most that the defendants can make of it is, that the plaintiffs’ case is that of a right or title defectively alleged, which is always aided by verdict. As he declared upon the grant or act of incorporation, relating some part of it, this gave him a right to give the act in evidence; and nothing objectionable appearing in what is related, it shall be intended that all the requisites to a recovery were shown; otherwise the jury, under the direction of the court, would have found a verdict for the defendants.
The judgment of the county court is affirmed.