Avery v. Ray
Massachusetts Supreme Judicial Court
This was an action of trespass against Alpheus Ray and another, brought by Horace Avery, an infant under the age of twenty-one years, who sued, by his father and guardian, Miles Avery, for an assault and battery alleged to have been committed by the defendants on the infant on the 14th of Feb. 1803. The declaration was general—containing no allegation of any special damage; nor was it stated that the wounding, bruising, &c., was followed by any particular ill consequences.
Read the full summary
This was an action of trespass against Alpheus Ray and another, brought by Horace Avery, an infant under the age of twenty-one years, who sued, by his father and guardian, Miles Avery, for an assault and battery alleged to have been committed by the defendants on the infant on the 14th of Feb. 1803. The declaration was general—containing no allegation of any special damage; nor was it stated that the wounding, bruising, &c., was followed by any particular ill consequences. Plea—general issue. The assault and battery being proved, the plaintiff’s counsel called the physician who attended the…
1Opinion of the Court
Thatcher, J.,
was against admitting the evidence offered—it would be going further than he had ever known.
Sewall, J.,
was also against admitting. Immediate provocations are admitted—but he had never known an instance where the Court had gone further than that.
Sedgwick, J.,
said he should be in favor of admitting evidence of provocation given, in mitigation of damages, upon a liberal scale ; but to admit such evidence where the blood had had time to cool, would be extending the rule so as to render it impossible to say where the Court should stop. In this case it appeared that the assault had…
2Cited by24 opinions
- State v. HaysSupreme Court of Missouri · 1856
- Birchard v. BoothWisconsin Supreme Court · 1856
- Conroy v. Fall River Herald News Publishing Co.Massachusetts Supreme Judicial Court · 1940
- Tyson v. BoothMassachusetts Supreme Judicial Court · 1868
- Maynard v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
19 more not listed; retrieve them via the Exa API.