Cooper v. McKenna
Massachusetts Supreme Judicial Court
Tort for assault and battery. The answer merely denied each and every averment in the writ and declaration. At the trial in the Superior Court, before Wilkinson, J., there was evidence tending to show that the alleged assault and battery was committed in an effort to remove the plaintiff from a room in the almshouse at Marlborough, of which the plaintiff’s husband was keeper, and of which she was in charge at the time; that the defendant, a Catholic priest, was endeavoring…
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Tort for assault and battery. The answer merely denied each and every averment in the writ and declaration. At the trial in the Superior Court, before Wilkinson, J., there was evidence tending to show that the alleged assault and battery was committed in an effort to remove the plaintiff from a room in the almshouse at Marlborough, of which the plaintiff’s husband was keeper, and of which she was in charge at the time; that the defendant, a Catholic priest, was endeavoring to administer the sacrament of penance to a sick woman named Hogan, who was a Catholic and believed the sacrament…
1Opinion of the CourtAmes, J.
Under his general answer denying each and every averment of the plaintiff’s declaration, the defendant only puts in issue the facts necessary to be proved by the plaintiff in order to make out a primá facie case. Davis v. Travis, 98 Mass. 222. The justification set up by the defendant was therefore inadmissible by the terms of the practice act. Gen. Sts. c. 129, § 17. Levi v. Brooks, 121 Mass. 501. But, independently of any question of pleading, the supposed justification is insufficient.
It appears from the bill of exceptions that the plaintiff’s husband was the keeper of the almshouse, and…
2Cases cited2 opinions
- Levi v. BrooksMassachusetts Supreme Judicial Court · 1877
- Davis v. TravisMassachusetts Supreme Judicial Court · 1867
3Cited by5 opinions
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