McCann v. Tillinghast
Massachusetts Supreme Judicial Court
Tout. The declaration was as follows : “ And the plaintiff says, that, on the twenty-eighth day of December last past, the 'defendants’ servant, George Baily, who was at the time watching and guarding the defendants’ lumber-yard and had charge thereof, unlawfully, without cause, and maliciously, made an assault upon him, and beat and bruised him, and so injured the plaintiff that he hath been put to great pain and suffering, hath lost much time and labor, and spent…
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Tout. The declaration was as follows : “ And the plaintiff says, that, on the twenty-eighth day of December last past, the 'defendants’ servant, George Baily, who was at the time watching and guarding the defendants’ lumber-yard and had charge thereof, unlawfully, without cause, and maliciously, made an assault upon him, and beat and bruised him, and so injured the plaintiff that he hath been put to great pain and suffering, hath lost much time and labor, and spent considerable sums of money to pay for medical advice and attendance, and is seriously injured thereby, all of which the said…
1Opinion of the Court
By the Court.
The defendants are not liable for the as- • sault by Baily upon the plaintiff, unless it was committed by Baily while acting within the scope of his employment as a servant of the defendants. This fact is not sufficiently alleged in the declaration, and it is therefore demurrable.
Judgment for the defendants.
2Cited by10 opinions
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- Hardeman v. WilliamsSupreme Court of Alabama · 1907
- Crelly v. Missouri & Kansas Telephone Co.Supreme Court of Kansas · 1911
- Oakland City Agricultural & Industrial Society v. BinghamIndiana Court of Appeals · 1892
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