Hannen v. Edes
Massachusetts Supreme Judicial Court
This was an action of trespass for an assault and battery. _ The defendant pleads, in bar, that at the time when, &c., he was master of the ship Cicero, then in a distant port; that the plaintiff was a seaman, or mariner, on board the same ship; that he, the defendant, issued a reasonable and proper order to the plaintiff, relative to his duty on board the vessel, which the plaintiff wilfully disobeyed; and that he, the defendant, moderately chastised him for such…
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This was an action of trespass for an assault and battery. _ The defendant pleads, in bar, that at the time when, &c., he was master of the ship Cicero, then in a distant port; that the plaintiff was a seaman, or mariner, on board the same ship; that he, the defendant, issued a reasonable and proper order to the plaintiff, relative to his duty on board the vessel, which the plaintiff wilfully disobeyed; and that he, the defendant, moderately chastised him for such disobedience ; — which is averred to be the same beating complained of in the declaration. The plaintiff replies de injuria su.,…
1Opinion of the CourtParker, C. J.
The argu ment of Mr. Stearns, and the authorities cited by him in support of his position, were sufficiently in point to excite doubts in our minds, whether the' replication is sufficient to let in the proof by which the defence in the plea was avoided — notwithstanding the uniform practice has been to plead in this way on such occasions.
On consulting the precedents and entries, we do not find a single instance of a special replication, or new assignment, to a plea of moderate castigavit; and we all recognize the practice of avoiding the effect of such plea by evidence of cruelty or…
2Cited by3 opinions
- Clark v. WilsonMassachusetts Supreme Judicial Court · 1869
- Insurance Co. of North America v. SvendsenU.S. Circuit Court for the District of South Carolina · 1896
- Knowlton v. CulverWisconsin Supreme Court · 1849