Roddy v. Finnegan
Court of Appeals of Maryland
Appeal from the Court- of Common Pleas. This was an action of trespass vi,et armis, brought by the appellee against the appellant, for an alleged assault and battery. The defendant was a police officer of the city of Baltimore, and justified the acts complained of as' having been done in pursuance of his duty as such officer. First Exception. — Stated in the opinion of the Court.
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Appeal from the Court- of Common Pleas. This was an action of trespass vi,et armis, brought by the appellee against the appellant, for an alleged assault and battery. The defendant was a police officer of the city of Baltimore, and justified the acts complained of as' having been done in pursuance of his duty as such officer. First Exception. — Stated in the opinion of the Court. The ordinance referred to in the exception, among other things provides that “ no person shall drive, lead or place any horse or beast of burden, or any horse attached to a cart, dray or other carriage, laden or…
1Opinion of the Court
Stewart, J.,
delivered tlie opinion of tlie Court.
Owen Finnegan sued Michael Roddy a police officer of Baltimore, in trespass vi et armis, for assault and battery.
Roddy undertook to justify his acts as done in discharge of his official duty.
One Curran had sold a wagon load of hay to Finnegan, and it had heen driven by a colored man to the street in front of Finnegan’s stable for delivery. Finnegan, Curran and the driver being there, Finnegan gave directions to put the hay in a window, opening into his stable-loft, and the team was driven hy the colored man, Curran’s driver, on the pavement to…
2Cases cited4 opinions
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- Altvater v. Mayor of BaltimoreCourt of Appeals of Maryland · 1869
- Mitchell v. LemonCourt of Appeals of Maryland · 1871
- Walsh v. TaylorCourt of Appeals of Maryland · 1874
3Cited by51 opinions
- Watson v. StateCourt of Appeals of Maryland · 2001
- Boone v. StateCourt of Special Appeals of Maryland · 1968
- Robinson v. StateCourt of Special Appeals of Maryland · 1968
- Commonwealth v. ReevesSuperior Court of Pennsylvania · 1972
- Butz v. StateCourt of Appeals of Maryland · 1959
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