Stone v. Lahey
Massachusetts Supreme Judicial Court
Tort for assault and battery. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The plaintiff was in the occupation of a tenement belonging to the defendant, which the plaintiff’s husband occupied under the plaintiff’s brother, who rented it from the defendant, and who had, up to a short time before the alleged assault, occupied it himself, together with the plaintiff and her family.
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Tort for assault and battery. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The plaintiff was in the occupation of a tenement belonging to the defendant, which the plaintiff’s husband occupied under the plaintiff’s brother, who rented it from the defendant, and who had, up to a short time before the alleged assault, occupied it himself, together with the plaintiff and her family. Several days before the alleged assault, the plaintiff’s brother, by an express agreement with the defendant, surrendered the tenement to…
1Opinion of the CourtDevens, J.
The plaintiff’s brother had rented the premises of the defendant, and had surrendered them to him by express agreement, vacating them with his family and goods. The plaintiff, who had occupied by leave of her brother, was left behind when he abandoned the premises. She was thus occupying without right or authority. Whether to be deemed a trespasser or not, before demand was made that she should leave, she certainly became one when such demand was made and she refused compliance. She was entitled to no other notice to quit than one that should inform her that the person by whose authority she…
2Cases cited1 opinion
- Low v. ElwellMassachusetts Supreme Judicial Court · 1876
3Cited by7 opinions
- State Ex Rel. Rhodes v. SaundersSupreme Court of New Hampshire · 1889
- Lash v. AmesMassachusetts Supreme Judicial Court · 1898
- Powers v. SturtevantMassachusetts Supreme Judicial Court · 1908
- Lambert v. RobinsonMassachusetts Supreme Judicial Court · 1894
- Ryan v. MarrenMassachusetts Supreme Judicial Court · 1914
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