White v. Sander
Massachusetts Supreme Judicial Court
Two actions OF TORT, that of the female plaintiff being to recover damages for injuries alleged to have been caused her by the throwing of a stone by the defendant through a closed blind into a room in which she then was, and the action of the male plaintiff, who was her husband, being to recover damages for the loss of his wife’s services caused by said act.
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Two actions OF TORT, that of the female plaintiff being to recover damages for injuries alleged to have been caused her by the throwing of a stone by the defendant through a closed blind into a room in which she then was, and the action of the male plaintiff, who was her husband, being to recover damages for the loss of his wife’s services caused by said act. At the trial in the Superior Court, before Dunbar, J., the defendant" asked the judge to instruct the jury that the plaintiffs were not entitled to recover damages by reason of either mental suffering or bodily injury^ if any, resulting…
1Opinion of the CourtAllen, J.
There was no evidence that the defendant had any intention to injure the female plaintiff, or that he was aware of her delicate condition of health. The house did not belong to her, but to her father, with whom the defendant had had an altercation. The defendant’s declared purpose was to injure the house, and he threw a large stone against it in her presence. She then ran into the front room with her little child, whereupon a large stone was wilfully thrown by the defendant, which passed through one of the blinds, all of the blinds upon the front windows being closed. This greatly frightened…
2Cited by13 opinions
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- Smith v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1899
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