Legal Opinion

Butterfield v. Ashley

Massachusetts Supreme Judicial Court

Decided October 15, 1850PublishedCited by 5 opinions

This was an action of trespass on the case, for enticing away the plaintiff’s son and servant from his employment. The action was tried in the court of common pleas, before Perkins, J., and came into this court upon exceptions to the judge’s instructions to the jury. The case is fully exhibited in the opinion of the court.

1Opinion of the Court

The opinion was delivered at the October term, 1851.

Metcalf, J.

The question now to be decided is, whether the instructions given to the jury, upon the evidence introduced at the trial, were warranted by the law of the case.

The declaration contains a single count, in which it is alleged that the defendants, knowing that the plaintiff’s son was in his employment and service, enticed him into their employment, put him on board a vessel, and sent him to sea on a 'whaling voyage. The evidence was, that the son left his father’s house in New Hampshire, without his father’s consent, and went to New…

2Cases cited2 opinions

  1. Stuart v. SimpsonNew York Supreme Court · 1828
  2. Conant v. RaymondSupreme Court of Vermont · 1827

3Cited by5 opinions

  1. Khalifa v. ShannonCourt of Appeals of Maryland · 2008
  2. Kenney v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1905
  3. Hall & Robinson v. Wabash RailroadMissouri Court of Appeals · 1899
  4. Khalifa v. ShannonCourt of Appeals of Maryland · 2008
  5. Little Miami Railroad v. WashburnOhio Supreme Court · 1872

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