Matthews v. Terry
Supreme Court of Connecticut
This was an action of assault and battery. The defendant pleaded the general issue, with notice that under it he should offer evidence to prove, that the plaintiff, at the time of the alleged injury, was a minor, thirteen or fourteen years of age, and was the servant of the defendant in the trade and business of manufacturing clocks; that the plaintiff conducted himself insolently towards the defendant, and refused to obey his lawful commands relative to his duty as such…
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This was an action of assault and battery. The defendant pleaded the general issue, with notice that under it he should offer evidence to prove, that the plaintiff, at the time of the alleged injury, was a minor, thirteen or fourteen years of age, and was the servant of the defendant in the trade and business of manufacturing clocks; that the plaintiff conducted himself insolently towards the defendant, and refused to obey his lawful commands relative to his duty as such servant; also, that before that time the plaintiff had maliciously destroyed and burned the property of the defendant, viz.…
1Opinion of the CourtWaite, J.
The first enquiry, in this case, is, whether upon *458the facts disclosed in the motion, the defendant had a right to inflict on the plaintiff corporal punishment for misconduct. It is claimed, by the defendant, that the relation of master and servant existed between them, which conferred upon him this right. Admitting that relation to have existed, it by no means follows, that the defendant possessed the power claimed. There is no doubt but that, for just cause, a parent may reasonably correct his child, a master his apprentice, and a schoolmaster his pupil. Yet that power cannot be lawfully…
2Cases cited1 opinion
- Avery v. RayMassachusetts Supreme Judicial Court · 1804
3Cited by9 opinions
- State v. HaysSupreme Court of Missouri · 1856
- Thrall v. KnappSupreme Court of Iowa · 1864
- Weston v. GravlinSupreme Court of Vermont · 1877
- Bartram v. StoneSupreme Court of Connecticut · 1862
- Morache v. GreenbergSupreme Court of Connecticut · 1933
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