Krulevitz v. Eastern Railroad
Massachusetts Supreme Judicial Court
Tort, in two counts. The first count was for an assault and false imprisonment, and the" second count was for malicious prosecution. Trial in the Superior Court, before Crardner, J., who reported the case for the determination of this court, in substance as follows: The plaintiff offered to prove the following facts.
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Tort, in two counts. The first count was for an assault and false imprisonment, and the" second count was for malicious prosecution. Trial in the Superior Court, before Crardner, J., who reported the case for the determination of this court, in substance as follows: The plaintiff offered to prove the following facts. On July 5, 1884, the plaintiff, who, in the pursuit of his business, had frequent occasion to go from Lawrence to Salem, bought at Lawrence a ticket of the defendant corporation, which read, “ Lawrence to Salem and return,” for which he paid one dollar, the price of a ticket from…
1Opinion of the CourtC. Allen, J.
The defendant’s counsel contends that the
ticket did not entitle the plaintiff to be carried the second time from Lawrence to Salem ; and the cases cited by him well support this proposition. The plaintiff, indeed, no longer controverts it; but now insists that he may nevertheless prevail by proving that the conductor acted without probable cause and maliciously, and that there was sufficient evidence for the jury on these points; and in this we agree with him. Ripley v. McBarron, 125 Mass. 272. Want of probable cause and malice on the part of the conductor, if established, may be imputed to…
2Cases cited3 opinions
- Reed v. Home Savings BankMassachusetts Supreme Judicial Court · 1881
- Good v. FrenchMassachusetts Supreme Judicial Court · 1874
- Ripley v. McBarronMassachusetts Supreme Judicial Court · 1878
3Cited by14 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Finnish Temperance Society Sovittaja v. Finnish Socialistic Publishing Co.Massachusetts Supreme Judicial Court · 1921
- Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Markley v. SnowSupreme Court of Pennsylvania · 1904
- Jeffrey L. Madison v. George W. ManterCourt of Appeals for the First Circuit · 1971
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