Day v. Ross
Massachusetts Supreme Judicial Court
Tort for an assault and battery. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows. There was evidence that the plaintiff, who was in the defendant’s employ, went to the defendant’s office where a dispute arose respecting the amount due the plaintiff for work done for the defendant; and that the defendant ordered the plaintiff to leave the office, whereupon he left.
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Tort for an assault and battery. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows. There was evidence that the plaintiff, who was in the defendant’s employ, went to the defendant’s office where a dispute arose respecting the amount due the plaintiff for work done for the defendant; and that the defendant ordered the plaintiff to leave the office, whereupon he left. The plaintiff testified that after leaving the office it occurred to him that he had a bill against the defendant for certain hay, and that upon his returning to the…
1Opinion of the CourtW. Allen, J.
A witness for the plaintiff testified, on examination by the defendant, that he knew the defendant very well. He was then asked the question, “ Is Mr. Ross a thoroughly peaceable man as far as you know?” This question was objected to and admitted; the answer was, “ As far as I know ; I never heard of his making any assault before.” It is clearly incompetent for a defendant in an action of tort for assault and battery to prove in defence his good character as a peaceable man. It is said that the plaintiff was not aggrieved by the admission of the question, because the answer was not evidence…
2Cited by10 opinions
- Commonwealth v. BorisMassachusetts Supreme Judicial Court · 1944
- People v. . Van GaasbeckNew York Court of Appeals · 1907
- Davidson v. Massachusetts Casualty InsuranceMassachusetts Supreme Judicial Court · 1949
- Leahman v. BroughtonCourt of Appeals of Kentucky · 1922
- Geary v. StevensonMassachusetts Supreme Judicial Court · 1897
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