Burton v. Scherpf
Massachusetts Supreme Judicial Court
Tort for assault and battery. At the trial in the superior court it appeared that in the year 1857 one Thalberg gave a concert in a public hall in Lowell; that in the advertisement of the concert there was no restriction as to the persons to be admitted but it was stated therein that, in order to bring it within the reach of all classes, the fee for admission was put at fifty cents; that the plaintiff, who was a colored man, entered the building, purchased a ticket at the…
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Tort for assault and battery. At the trial in the superior court it appeared that in the year 1857 one Thalberg gave a concert in a public hall in Lowell; that in the advertisement of the concert there was no restriction as to the persons to be admitted but it was stated therein that, in order to bring it within the reach of all classes, the fee for admission was put at fifty cents; that the plaintiff, who was a colored man, entered the building, purchased a ticket at the ticket-office, passed to the outside door of the hall, delivered his ticket to the doorkeeper, received from him a…
1Opinion of the CourtMerrick, J.
The sale of the ticket to the plaintiff, under the circumstances stated in the bill of exceptions, was' a license to him to enter the hall of the building in possession of the defendant as its temporary lessee, and to remain in it during the concert which was to be given there. But the license was revoked immediately upon the entrance of the plaintiff into the hall and before he had taken his seat. By remaining there afterwards, and refusing to depart upon request, he became a trespasser; and the defendant had a right to remove him by the use of such degree of force as his resistance should…
2Cited by5 opinions
- Collister v. . HaymanNew York Court of Appeals · 1905
- Garifine v. Monmouth Park Jockey ClubSupreme Court of New Jersey · 1959
- People Ex Rel. Burnham v. . FlynnNew York Court of Appeals · 1907
- Horney v. NixonSupreme Court of Pennsylvania · 1905
- Aaron v. WardAppellate Division of the Supreme Court of the State of New York · 1910