Blatt v. McBarron
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, a constable of the city of Boston, by a defect in the defendant’s premises, upon which he had entered for the purpose of serving a civil process. Trial in the Superior Court, before Sherman, J., who directed the jury to return a verdict for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court.
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Tort, for personal injuries occasioned to the plaintiff, a constable of the city of Boston, by a defect in the defendant’s premises, upon which he had entered for the purpose of serving a civil process. Trial in the Superior Court, before Sherman, J., who directed the jury to return a verdict for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. If the ruling was right, judgment was to be entered on the verdict; otherwise, the verdict was to be set aside and the case to stand for trial. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The plaintiff contends that he had a right to enter the defendant’s building because he was a constable qualified to serve civil process and had in hand for service a writ against a person who, as he supposed, resided in the building, but who in fact did not live there, but in another house on the opposite side of the street, and who was not in the building which the plaintiff entered. The defendant was a stranger to the process which the plaintiff was undertaking to serve, and it is not contended that she had in any way induced the plaintiff to believe that the person against whom the…
2Cases cited2 opinions
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. ReynoldsMassachusetts Supreme Judicial Court · 1876
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- Norris v. Macon Terminal Co.Court of Appeals of Georgia · 1938
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