Blake v. Damon
Massachusetts Supreme Judicial Court
Tort for assault and battery. The declaration was as follows: “And the plaintiff says, the defendant made an assault upon him, and threw him with great violence upon and against a certain counter, whereby he received serious injury.”
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Tort for assault and battery. The declaration was as follows: “And the plaintiff says, the defendant made an assault upon him, and threw him with great violence upon and against a certain counter, whereby he received serious injury.” The plaintiff also filed the following specifications: “ And now comes the said plaintiff, and, being called upon for a more particular specification, says, that the defendant violently and forcibly assaulted him in a certain shop in Ipswich, and seized him, and dragged and threw him upon the counter there, thereby inflicting many and severe bruises upon his…
1Opinion of the CourtChapman, C. J.
Several exceptions were taken at the trial which were not insisted on at the argument. They must be regarded as waived.
The assault and battery alleged took place in the defendant’s shop, where the plaintiff seems to have gone to adjust a money account with the defendant. When the plaintiff entered the shop, the defendant was making some offensive remarks, which the jury might find applicable to the plaintiff, and soon after-wards made the assault. It was proper to prove the remarks as part of the res gestee; also the amount of the bill which was part of the account; and the amount of money…
2Cited by13 opinions
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- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
- Gomes v. Limieux (In Re Limieux)United States Bankruptcy Court, D. Massachusetts · 2004
- Edger v. BurkeCourt of Appeals of Maryland · 1903
- Orscheln v. ScottCourt of Appeals of Kansas · 1901
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