Keefe v. Hart
Massachusetts Supreme Judicial Court
Tort, against two police officers of the city of Boston, for the alleged unlawful arrest and false imprisonment of the plaintiff on April 7, 1908. Writ in the Municipal Court of the City of Boston dated July 21, 1908. On appeal to the Superior Court the case was tried before Fox, J. The plaintiff testified that he had resided for a long time in Cambridge and for about twenty-five years had been engaged in the produce business in Boston, and that he at times made a business…
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Tort, against two police officers of the city of Boston, for the alleged unlawful arrest and false imprisonment of the plaintiff on April 7, 1908. Writ in the Municipal Court of the City of Boston dated July 21, 1908. On appeal to the Superior Court the case was tried before Fox, J. The plaintiff testified that he had resided for a long time in Cambridge and for about twenty-five years had been engaged in the produce business in Boston, and that he at times made a business of buying and selling railroad tickets. He also testified in substance as follows: On April 7, 1908, the plaintiff had in…
1Opinion of the CourtSheldon, J.
The defendants as policemen had the right to arrest the plaintiff without a warrant if they had reasonable grounds to suspect that he was guilty of a felony (Commonwealth v. Phelps, 209 Mass. 396, 404); and we now must take it that this issue has been settled in their favor by the verdict of the jury. But, having so arrested him, it was their duty to take him before a magistrate, who could determine whether or not there was ground to hold him. It was not for the arresting officers to settle that question. Stetson v. Packer, 7 Cush. 562. Brock v. Stimson, 108 Mass. 520. Phillips v. Fadden, 125…
2Cases cited16 opinions
- Commonwealth v. PhelpsMassachusetts Supreme Judicial Court · 1911
- Green v. GravesMichigan Supreme Court · 1844
- Brock v. StimsonMassachusetts Supreme Judicial Court · 1871
- Phillips v. FaddenMassachusetts Supreme Judicial Court · 1878
- Horgan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
11 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Culombe v. ConnecticutSupreme Court of the United States · 1961
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1936
- Commonwealth v. RosarioMassachusetts Supreme Judicial Court · 1996
- Commonwealth v. BanuchiMassachusetts Supreme Judicial Court · 1957
- Bruns v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1940
33 more not listed; retrieve them via the Exa API.