Legal Opinion

Mason v. Jacot

Massachusetts Supreme Judicial Court

Decided May 17, 1920PublishedCited by 18 opinions

Tout, by a guest against the proprietor of a hotel and restaurant, with a declaration in three counts, the third count alleging the malicious prosecution of the plaintiff on a charge of drunkenness. Writ dated April 18, 1916. In the Superior Court the action was tried before Fessenden, J. Material evidence is described in the opinion.

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Tout, by a guest against the proprietor of a hotel and restaurant, with a declaration in three counts, the third count alleging the malicious prosecution of the plaintiff on a charge of drunkenness. Writ dated April 18, 1916. In the Superior Court the action was tried before Fessenden, J. Material evidence is described in the opinion. The evidence, objected to by the defendants and referred to in the last paragraph of the opinion, was testimony of the plaintiff and of her husband tending to show the conduct of the police officer toward them after they left the restaurant. The evidence first…

1Opinion of the CourtRugg, C. J.

This is an action of tort: The third count in the declaration, with which alone we are now concerned, alleged the prosecution with malice and without probable cause of a groundless charge for the crime of drunkenness against the plaintiff, which had terminated in her favor. The defendants are the proprietors of a hotel, in conjunction with which they conduct a restaurant. Louis 0. Jacot was the general manager of the business and one Josephine Fennelly was cashier and in direct charge of the restaurant. The plaintiff and her husband went to the restaurant on the evening in question. Food and…

2Cases cited9 opinions

  1. Magar v. . HammondNew York Court of Appeals · 1906
  2. Burnham v. Collateral Loan Co.Massachusetts Supreme Judicial Court · 1901
  3. Brown v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1901
  4. Robinson v. DoeMassachusetts Supreme Judicial Court · 1916
  5. Murphy v. Bay State Wine & Spirit Co.Massachusetts Supreme Judicial Court · 1912

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3Cited by18 opinions

  1. Limone v. United StatesCourt of Appeals for the First Circuit · 2009
  2. Frewen v. PageMassachusetts Supreme Judicial Court · 1921
  3. Cowan v. EASTERN RACING ASSOCIATION, INC.Massachusetts Supreme Judicial Court · 1953
  4. Zygmuntowicz v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1922
  5. Carroll v. GillespieMassachusetts Appeals Court · 1982

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