Morain v. Devlin
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, on May 10,1880, by a defect in a doorstep of a tenement building owned by the defendant in Lawrence.
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Tort for personal injuries occasioned to the plaintiff, on May 10,1880, by a defect in a doorstep of a tenement building owned by the defendant in Lawrence. At the trial in the Superior Court, before Brigham, C. J., the plaintiff conceded that, since 1876, the defendant has been an insane person confined in one of the lunatic hospitals of the Commonwealth; and that in 1876 John Cheetham was duly appointed guardian of the defendant, and has ever since held the appointment and had the care and management of all the property of his ward. Cheetham was appointed guardian ad litem. The defendant…
1Opinion of the CourtGray, C. J.
By the common law, as generally stated in the books, a lunatic is civilly liable to make compensation in damages to persons injured by his acts, although, being incapable of criminal intent, he is not liable to indictment and punishment. Bac. Max. reg. 7. Weaver v. Ward, Hob. 134. 2 Rol. Ab. 547. 1 Hale P. C. 15, 16. 1 Hawk. c. 1, § 5. Bac. Ab. Idiots & Lunatics, E. Haycraft v. Creasy, 2 East, 92, 104. 1 Chit. Pl. (2d Am. ed.) 65. Morse v. Crawford, 17 Vt. 499. Cross v. Kent, 32 Md. 581. Ward v. Conatser, 4 Baxter, 64. Bullock v. Babcock, 3 Wend. 391, 393, 394. Behrens v. McKenzie, 23 Iowa,…
2Cases cited9 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Bullock v. BabcockNew York Supreme Court · 1829
- Morse v. CrawfordSupreme Court of Vermont · 1845
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Williams v. . HaysNew York Court of Appeals · 1894
- McGuire v. AlmyMassachusetts Supreme Judicial Court · 1937
- Woods v. BrownIndiana Supreme Court · 1884
- Yancey v. MaestriLouisiana Court of Appeal · 1934
- Gibson v. PollockMissouri Court of Appeals · 1914
7 more not listed; retrieve them via the Exa API.