Legal Opinion

Healey v. Lothrop

Massachusetts Supreme Judicial Court

Decided May 20, 1898PublishedCited by 29 opinions

Tort, for an assault and battery. At the trial in the Superior Court, before Bond, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.

1Opinion of the CourtHolmes, J.

This is an action of tort against the keeper of a place of amusement in Boston, seeking to make him liable for an assault and battery alleged to have been committed by one Mead, a special police officer, while on his premises. Whatever the officer did, he did as such police officer, and without direction or knowledge on the part of the defendant. The officer was appointed in pursuance of St. 1878, c. 244, § 6, upon the application of the defendant, to serve without pay from the city, under such rules and regulations as the police commissioners deemed expedient. He was paid by the defendant,…

2Cases cited1 opinion

  1. Dickson v. WaldronIndiana Supreme Court · 1893

3Cited by29 opinions

  1. Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
  2. McKain v. Baltimore & Ohio R. R. Co.West Virginia Supreme Court · 1909
  3. Krowka v. Colt Patent Fire Arm Mfg. Co.Supreme Court of Connecticut · 1939
  4. Neallus v. Hutchinson Amusement Co.Supreme Judicial Court of Maine · 1927
  5. Hirst v. Fitchburg & Leominister Street Railway Co.Massachusetts Supreme Judicial Court · 1907

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