Fletcher v. Willis
Massachusetts Supreme Judicial Court
Tort against the proprietor of Mystic Trotting Park for the act of the defendant’s servant, in pushing the plaintiff off the top of a picket fence on which he was sitting by thrusting a shovel against his ankle. Writ dated September 10,1895. At the^trial in the Superior Court, before Bond, J., the jury returned a verdict for the defendant; and the plaintiff alleged two exceptions, which are stated by the court.
1Opinion of the Court
Holmes, O. J.
This is an action, for an assault and battery, admitted to have been unjustifiable, committed by the defen drant’s servant, upon the plaintiff. The case went to the jury on the single question whether the servant was acting within the scope of his authority. The scene of the assault was a race track, and the servant had been employed by the defendant about the track for a long time. The plaintiff contended and asked for a ruling that, in connection with his long employment and the fact that the defendant did not call him to deny it, the servant’s conduct was evidence of his…
2Cited by16 opinions
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- Robinson v. DoeMassachusetts Supreme Judicial Court · 1916
- Little v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
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