Look v. Dean
Massachusetts Supreme Judicial Court
The first case was an action of tort for unlawfully arresting and imprisoning the defendant, on two distinct occasions. The answer denied all the allegations of the plaintiff, and continued as follows : “ And the defendant says that he is and was a deputy of the constable of the Commonwealth, and in the performance of his official duty as such was in attendance upon the camp-meeting held for religious purposes at Martha’s Vineyard, in the county of Dukes County; that the…
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The first case was an action of tort for unlawfully arresting and imprisoning the defendant, on two distinct occasions. The answer denied all the allegations of the plaintiff, and continued as follows : “ And the defendant says that he is and was a deputy of the constable of the Commonwealth, and in the performance of his official duty as such was in attendance upon the camp-meeting held for religious purposes at Martha’s Vineyard, in the county of Dukes County; that the plaintiff was present at said camp-meeting, and while said meeting was holding, and in the immediate vicinity thereof,…
1Opinion of the CourtChapman, C. J.
The question which this case presents arises upon the defendant’s request for instructions, and the instructions that were actually given. The defendant asked the court to rule that if the plaintiff was insane, and the defendant, honestly relieving that the welfare of the plaintiff demanded that he should go from the crowd, to which he was talking, to a place of quiet near by, took him forcibly to such place, using no more force than was necessary for the purpose, and acting from no other motive than a desire to assist and protect the plaintiff, such act would not be an assault nor an…
2Cited by21 opinions
- Warner v. State of New YorkNew York Court of Appeals · 1948
- In re AllenSupreme Court of Vermont · 1909
- Muniz v. MehlmanMassachusetts Supreme Judicial Court · 1951
- Van Deusen v. NewcomerMichigan Supreme Court · 1879
- Karjavainen v. BuswellMassachusetts Supreme Judicial Court · 1935
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