Shattuck v. Simonds
Massachusetts Supreme Judicial Court
Tort for alleged malicious prosecution. Writ dated November 22,1901. At the trial in the Superior Court before Sherman, J. the following facts appeared: The defendant was the owner of a dwelling house at No. 10 Upton Street in Boston, and some time between Saturday November 9, and Monday November 11, 1901, this house was broken into and lead pipe, faucets and plumbing were stolen. On November 15,1901, complaint was made against the plaintiff by James Gr.
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Tort for alleged malicious prosecution. Writ dated November 22,1901. At the trial in the Superior Court before Sherman, J. the following facts appeared: The defendant was the owner of a dwelling house at No. 10 Upton Street in Boston, and some time between Saturday November 9, and Monday November 11, 1901, this house was broken into and lead pipe, faucets and plumbing were stolen. On November 15,1901, complaint was made against the plaintiff by James Gr. Curtis, a police officer, and a warrant was issued. The complaint charged the plaintiff with entering the dwelling house of the defendant…
1Opinion of the CourtBraley, J.
To sustain an action for a malicious prosecution it was incumbent on the plaintiff to offer evidence from which it could be found not only that the prosecution was terminated in his favor, but that it was instituted by the defendant without having probable cause to believe that he was guilty of the crime alleged, and that in causing a complaint to be made charging him with a criminal offence he was actuated by malice. Stone v. Crocker, 24 Pick. 81, 85. Bacon v. Towne, 4 Cush. 217. Ellis v. Simonds, 168 Mass. 316. If the evidence upon these issues is conflicting, such questions are for the…
2Cases cited5 opinions
- McIntire v. LeveringMassachusetts Supreme Judicial Court · 1889
- Moyle v. DrakeMassachusetts Supreme Judicial Court · 1886
- Connery v. ManningMassachusetts Supreme Judicial Court · 1895
- Ellis v. SimondsMassachusetts Supreme Judicial Court · 1897
- Cheever v. SweetMassachusetts Supreme Judicial Court · 1890
3Cited by3 opinions
- Bannon v. AugerMassachusetts Supreme Judicial Court · 1928
- F. W. Stock & Sons v. DellapennaMassachusetts Supreme Judicial Court · 1914
- Boylen v. TracyMassachusetts Supreme Judicial Court · 1925