Lambert v. Robinson
Massachusetts Supreme Judicial Court
Tort, for breaking and entering the plaintiff’s close, and for an assault. Writ dated July 8, 1891. The declaration alleges that Frank B. Trull, J. Soule, and William A. Robes, at the instigation and request of the defendants, by whom they were employed, forcibly broke and entered the dwelling-house of the plaintiff in Somerville, and violently assaulted the plaintiff by striking him a violent blow on the head with a dangerous weapon, and also assaulted the plaintiff’s wife…
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Tort, for breaking and entering the plaintiff’s close, and for an assault. Writ dated July 8, 1891. The declaration alleges that Frank B. Trull, J. Soule, and William A. Robes, at the instigation and request of the defendants, by whom they were employed, forcibly broke and entered the dwelling-house of the plaintiff in Somerville, and violently assaulted the plaintiff by striking him a violent blow on the head with a dangerous weapon, and also assaulted the plaintiff’s wife and daughter. Answer, a general denial, and an amended answer alleging, if the defendants, by their agents or servants,…
1Opinion of the CourtLathrop, J.
The declaration in this case is for breaking and entering the plaintiff’s close; and it alleges further, in the same count, an assault upon the plaintiff by striking him on the head a violent blow with a dangerous weapon, and also assaults upon the plaintiff’s wife and daughter. The answer is a- general denial, and an amended answer alleges, if the defendants “ did assault in the manner alleged by the plaintiff, that said assault was justified by the acts of the plaintiff.”
No question of pleading is raised in the case, and we are not called upon to determine whether the alleged assaults upon…
2Cases cited8 opinions
- Twombly v. MonroeMassachusetts Supreme Judicial Court · 1884
- Low v. ElwellMassachusetts Supreme Judicial Court · 1876
- Smith v. HaleMassachusetts Supreme Judicial Court · 1893
- Coughlin v. GrayMassachusetts Supreme Judicial Court · 1881
- Hathaway v. HatchardMassachusetts Supreme Judicial Court · 1894
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3Cited by14 opinions
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