Krulevitz v. Eastern Railroad
Massachusetts Supreme Judicial Court
Tort, in two counts. The first count was for an assault and false imprisonment, and the second count was for malicious prosecution. After the former decision, reported 140 Mass. 573, the case was tried in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered evidence tending to prove the following facts: On July 7, 1884, the plaintiff entered the defendant’s train at Lawrence, intending to go to Salem.
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Tort, in two counts. The first count was for an assault and false imprisonment, and the second count was for malicious prosecution. After the former decision, reported 140 Mass. 573, the case was tried in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered evidence tending to prove the following facts: On July 7, 1884, the plaintiff entered the defendant’s train at Lawrence, intending to go to Salem. He had previously ridden in the same train, with the same conductor, a great number of times, within a year or two. On this…
1Opinion of the CourtHolmes, J.
1, The malicious prosecution alleged in the second count was for fraudulezztly evading the payment of fare by leaving a car without having paid it. The evidence in the case at bar was that the plaintiff was arrested before he attempted to leave the car, and it also would have warranted a finding that the conductor who made the complaint believed the plaintiff’s story, azzd did not believe that the plaintiff was attempting a fraudulent evasion of any sort. There was evidence, therefore, that the complaint was made without probable cause. Krulevitz v. Eastern Railroad, 140 Mass. 573.
2. The…
2Cases cited1 opinion
- Krulevitz v. Eastern RailroadMassachusetts Supreme Judicial Court · 1886
3Cited by11 opinions
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- Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
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- White v. Apsley Rubber Co.Massachusetts Supreme Judicial Court · 1907
- Palmer v. Maine Central RailroadSupreme Judicial Court of Maine · 1899
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