Laing v. Mitten
Massachusetts Supreme Judicial Court
Tort, against a captain in the Volunteer Militia of Massachusetts by a member of his company, with three counts, respectively for alleged false imprisonment, slander and malicious prosecution. Writ dated March 24, 1902. At the trial in the Superior Court before Hardy, J., the jury returned a verdict for the plaintiff on all three counts, assessing damages respectively in the sums of $150, $200 and $300. The defendant alleged exceptions.
1Opinion of the CourtHammond, J.
The amended declaration contained three counts, the first for false imprisonment, the second for slander, and the third for malicious prosecution. The questions before us arise upon the rejection of two letters offered by the defendant, and upon the instructions to the jury upon the second and third counts.
1. As to the count for malicious prosecution. The defendant stoutly contends that the charge to the jury upon this point was contradictory and confusing, and that it must have misled them. While some of the sentences, considered apart from their setting, might seem to give color to this…
2Cases cited3 opinions
- Welsh v. . CochranNew York Court of Appeals · 1875
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- Adams v. FreemanNew York Supreme Court · 1812
3Cited by29 opinions
- Correllas v. ViveirosMassachusetts Supreme Judicial Court · 1991
- CRIBERG v. RaymondMassachusetts Supreme Judicial Court · 1976
- Andrews v. . GardinerNew York Court of Appeals · 1918
- People Ex Rel. Bensky v. Warden of the City PrisonNew York Court of Appeals · 1932
- Mezullo v. MaletzMassachusetts Supreme Judicial Court · 1954
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