Legal Opinion

Caffinni v. Hermann

Supreme Judicial Court of Maine

Decided October 22, 1914PublishedCited by 8 opinions

On motion and exceptions by defendant. Motion and exceptions overruled. This is an action of trespass for an assault and battery. The defendant was a deputy sheriff, and in attempting to take a suit case from the plaintiff and in taking him into custody, committed the assault complained of.

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On motion and exceptions by defendant. Motion and exceptions overruled. This is an action of trespass for an assault and battery. The defendant was a deputy sheriff, and in attempting to take a suit case from the plaintiff and in taking him into custody, committed the assault complained of. The defendant plead the general issue and filed a brief statement of special matters of defense, alleging that he was a duly qualified deputy sheriff in and for Cumberland County and was in the performance of his official duties as deputy sheriff, and acts committed by him as alleged were justified by this…

1Opinion of the CourtPhilbrook, J.

Action to recover damages for assault and battery, in which the plaintiff recovered a verdict of $200.00. The defendant presents exceptions and the customary motion to have the verdict set aside and new trial ordered.

The plaintiff is an Italian who had been in this country four or five years, employed as a laborer, and had acquired only a limited knowledge of our language. On the 16th of August, 1913, he took an electric car at Old Orchard about 8.45 in the evening and came to Portland, bringing in his hand a dress suit case containing his wearing apparel. He arrived in Portland about quarter…

2Cited by8 opinions

  1. State v. StoneSupreme Judicial Court of Maine · 1972
  2. State v. CowperthwaiteSupreme Judicial Court of Maine · 1976
  3. Orick v. StateMississippi Supreme Court · 1925
  4. Batts v. StateIndiana Supreme Court · 1924
  5. Neallus v. Hutchinson Amusement Co.Supreme Judicial Court of Maine · 1927

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