Beckman v. Souther
Supreme Court of New Hampshire
Trespass, for assault and false imprisonment. Plea, the general issue with a brief statement that the defendant arrested and detained the plaintiff under legal process. Verdict for the defendant. The plaintiff’s counsel in opening the case to the jury-stated that he claimed and proposed to show that the defendant in making the arrest used unnecessary and excessive violence.
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Trespass, for assault and false imprisonment. Plea, the general issue with a brief statement that the defendant arrested and detained the plaintiff under legal process. Verdict for the defendant. The plaintiff’s counsel in opening the case to the jury-stated that he claimed and proposed to show that the defendant in making the arrest used unnecessary and excessive violence. Evidence of the plaintiff’s character and reputation as a dangerous person to the knowledge of the defendant was admitted, and evidence tending to show that the defendant was a violent man and on a former occasion had used…
1Opinion of the CourtCarpenter, J.
Evidence tending to show that the plaintiff was known by the defendant to be a violent and dangerous person was competent. In arresting and detaining such a person, forcible measures might be proper and reasonable which in the case of a person of a different character would be unwarranted.
"Whether the evidence offered of the defendant’s character for violence and of his conduct in making a previous arrest had any legitimate bearing on the issue submitted to the jury, was a question of remoteness determinable at the trial term. Its exclusion was not error. Cook v. New Durham, 64 N. H. 419;…
2Cases cited3 opinions
- Cook v. New DurhamSupreme Court of New Hampshire · 1887
- Jewell v. GilbertSupreme Court of New Hampshire · 1885
- Hilliard v. BeattieSupreme Court of New Hampshire · 1879
3Cited by2 opinions
- Cain v. SkillinSupreme Court of Alabama · 1929
- Bruton v. Leavitt Stores Corp'nSupreme Court of New Hampshire · 1935