Bates v. Reynolds
Massachusetts Supreme Judicial Court
Tort for the alleged false imprisonment of the plaintiff by the defendant, who appears to have been the chief of police of the town of Hull, although this is not stated expressly in the record.
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Tort for the alleged false imprisonment of the plaintiff by the defendant, who appears to have been the chief of police of the town of Hull, although this is not stated expressly in the record. Writ dated July 7, 1905. At the trial in the Superior Court before Hardy, J. the plaintiff testified in substance as follows : That on Saturday, May 20, 1905, between the hours of five and seven in the afternoon and evening, he was in the town of Hull in a hotel kept by one Sweeney, and drank some beer there; that while coming out from the hotel upon a private passageway he fell on the steps of the…
1Opinion of the CourtSheldon, J.
No question of pleading was raised at the trial, or is open upon these exceptions. The only objection to the instructions given as to the effect of an understanding between the parties that the plaintiff should be released from arrest and should make no claim against the defendant for damages was the contention that there was no evidence upon that question. Burnett v. Smith, 4 Gray, 50. Knight v. Overman Wheel Co. 174 Mass. 455, 465, 466.
We agree with the plaintiff that it is impossible to say as matter of law, however improbable it may be in fact, that the jury upon the judge’s charge may…
2Cases cited5 opinions
- Abbott v. HapgoodMassachusetts Supreme Judicial Court · 1889
- Brock v. StimsonMassachusetts Supreme Judicial Court · 1871
- Phillips v. FaddenMassachusetts Supreme Judicial Court · 1878
- Knight v. Overman Wheel Co.Massachusetts Supreme Judicial Court · 1899
- Caffrey v. DruganMassachusetts Supreme Judicial Court · 1887
3Cited by9 opinions
- Keefe v. HartMassachusetts Supreme Judicial Court · 1913
- Thibault v. LalumiereMassachusetts Supreme Judicial Court · 1945
- Horgan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Shea v. SullivanMassachusetts Supreme Judicial Court · 1927
- Kredit v. RyanSouth Dakota Supreme Court · 1942
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