Legal Opinion

Robinson v. Van Auken

Massachusetts Supreme Judicial Court

Decided January 4, 1906PublishedCited by 24 opinions

Tort for alleged false imprisonment and slander. Writ dated June 20, 1902. In the Superior Court the case was tried before White, J. upon the second count alleging false imprisonment and the fifth count alleging slander.

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Tort for alleged false imprisonment and slander. Writ dated June 20, 1902. In the Superior Court the case was tried before White, J. upon the second count alleging false imprisonment and the fifth count alleging slander. It appeared that the plaintiff, a girl nineteen years of age, had been employed as bookkeeper and cashier in the picture store of the defendant on Washington Street in Boston for about two weeks; that at the close of business on Monday June 16, 1902, following her usual custom she took the day’s receipts, less a certain amount left for change in the cash drawer, put it in an…

1Opinion of the CourtKnowlton, C. J.

This case was submitted to a jury on two counts, one for slander and the other for false imprisonment. The alleged slander was in making a charge of larceny against the plaintiff in the presence of a police officer whom the defendant induced to arrest and imprison her. The judge ruled in favor of the defendant, that the occasion was privileged, and that the defendant was not liable if he made the charge in good faith and without malice. He said: “ And so you will see that he would be excused so far as the count of slander is concerned, unless in saying what he did to the officer, at the time…

2Cases cited2 opinions

  1. Clark v. BrownMassachusetts Supreme Judicial Court · 1875
  2. Commonwealth v. LesterMassachusetts Supreme Judicial Court · 1880

3Cited by24 opinions

  1. Correllas v. ViveirosMassachusetts Supreme Judicial Court · 1991
  2. Fridovich v. FridovichSupreme Court of Florida · 1992
  3. Bander v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1943
  4. Pecue v. . WestNew York Court of Appeals · 1922
  5. Smith v. Suburban Restaurants, Inc.Massachusetts Supreme Judicial Court · 1978

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