WILSON v. SMITH

No. 83-019.

477 A.2d 964 (1984)

J. Boone WILSON, Guardian Unto Elizabeth Lahue v. Leo SMITH.

Supreme Court of Vermont.

April 27, 1984.


Attorney(s) appearing for the Case

Richard T. Cassidy and J. Boone Wilson (on the brief) of Hoff, Wilson, Powell & Lang, P.C., Burlington, for plaintiff-appellant.

Allan T. Fisher and James W. Volz, of Dinse, Allen & Erdmann, Burlington, for defendant-appellee.

Before BILLINGS, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.


PECK, Justice.

Plaintiff, J. Boone Wilson, as guardian for Elizabeth Lahue, appeals a directed verdict for defendant by the Chittenden Superior Court.

The court below ruled that intent is an essential element of the tort of assault and battery. Because plaintiff introduced no evidence to carry his burden of proof on the issue of intent, a verdict was directed for defendant. We affirm.

While on business at the Peoples Trust Company bank in St. Albans...

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