Richmond v. Fisk
Massachusetts Supreme Judicial Court
Tort, in two counts. The first count was for an assault and battery; and the second count was for forcibly entering the plaintiff’s close in Springfield. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. The plaintiff was in the rightful possession-of a tenement on the second floor of a house in Springfield.
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Tort, in two counts. The first count was for an assault and battery; and the second count was for forcibly entering the plaintiff’s close in Springfield. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. The plaintiff was in the rightful possession-of a tenement on the second floor of a house in Springfield. His tenement was reached by a flight of stairs, at the head of which was a door opening into a hall, at one end of which a door opened into the kitchen, and at the other end a door…
1Opinion of the CourtField, C. J.
The declaration contains two counts: one for an assault and battery upon the plaintiff, and the other for forcibly entering the plaintiff’s close. The agreed facts show that the defendant entered the plaintiff’s close by his permission. The fact that, after the defendant entered by permission through the outer door into the hall, he went, against the commands of the plaintiff, into the plaintiff’s sleeping-room, does not constitute a trespass upon the close. Smith v. Pierce, 110 Mass. 35.
But the facts show a trespass upon the person of the plaintiff. Commonwealth v. Clark, 2 Met. 23. On the…
2Cases cited2 opinions
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Smith v. PierceMassachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
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- Ferrone v. RossiMassachusetts Supreme Judicial Court · 1942
- Gosselin v. SilverMassachusetts Supreme Judicial Court · 1938
- Coughlin v. First National Stores, Inc.Massachusetts District Court, Appellate Division · 1946
- In re Deja Yu, Inc.District Court, D. Massachusetts · 1984