Genga v. Director General of Railroads
Massachusetts Supreme Judicial Court
Tort, with a declaration in two counts, the first count being for damages resulting from alleged assault and battery of the plaintiff on September 16, 1918, committed by “a servant of the defendant acting within the course of the defendant’s employment,” and the second count being for malicious prosecution of the plaintiff by the defendant “by its agents or servants” on the same day.
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Tort, with a declaration in two counts, the first count being for damages resulting from alleged assault and battery of the plaintiff on September 16, 1918, committed by “a servant of the defendant acting within the course of the defendant’s employment,” and the second count being for malicious prosecution of the plaintiff by the defendant “by its agents or servants” on the same day. Writ dated July 15, 1919. The defendant originally named in the writ was the New York, New Haven and Hartford Railroad Company. A motion to amend was allowed on December 19, 1921, which substituted for the…
1Opinion of the CourtRugg, C.J.
This is an action of tort wherein the plaintiff, a resident of Springfield in our county of Hampden, seeks to recover damages for alleged assault and malicious prosecution occurring about September 16, 1918. The record does not disclose the place of the alleged assault. The malicious prosecution is alleged to have been in the United States District Court at Boston. It cannot be presumed under these circumstances that the injuries occurred outside this Commonwealth and no contention of that nature has been made by the defendants. The action was begun by a writ sued out of the Superior Court,…
2Cases cited51 opinions
- Robb v. ConnollySupreme Court of the United States · 1884
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- Schillinger v. United StatesSupreme Court of the United States · 1894
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- McNulta v. LochridgeSupreme Court of the United States · 1891
46 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Director General of Railroads v. KastenbaumSupreme Court of the United States · 1923
- Lonergan v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1924
- Wadsworth v. Boston Gas Co.Massachusetts Supreme Judicial Court · 1967
- City of Lowell v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1943
- Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
35 more not listed; retrieve them via the Exa API.