Rowley v. Ray
Massachusetts Supreme Judicial Court
Tort against a police officer. The declaration contained four counts. The first was for an assault and battery; the second, for a false arrest and imprisonment; the third, for injuries received from the carelessness and negligence of the defendant in the management and control of a wagon in which he was conveying the plaintiff after arrest; the fourth, for injuries received by being thrown from the wagon in which the defendant had him in custody and was conveying him to a…
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Tort against a police officer. The declaration contained four counts. The first was for an assault and battery; the second, for a false arrest and imprisonment; the third, for injuries received from the carelessness and negligence of the defendant in the management and control of a wagon in which he was conveying the plaintiff after arrest; the fourth, for injuries received by being thrown from the wagon in which the defendant had him in custody and was conveying him to a place of confinement. The last count contained no allegation of negligence or carelessness on the part of the defendant.…
1Opinion of the CourtW. Allen, J.
The plaintiff declared for false arrest and imprisonment. The verdict for him upon that issue involved the finding that the arrest was unlawful. The rulings excepted to related solely to the question of the validity of the arrest, and were therefore made immaterial by the verdict, which, in *244legal intendment, was rendered on the ground that the arrest was invalid. The verdict shows that the plaintiff was not aggrieved by the rulings excepted to; and the question whether they were correct is not before us.
The suggestion that there might have been a verdict for the plaintiff upon other counts of…
2Cases cited2 opinions
- Hadley v. HeywoodMassachusetts Supreme Judicial Court · 1876
- Wood v. SouthwickMassachusetts Supreme Judicial Court · 1867
3Cited by1 opinion
- Millen v. GulesianMassachusetts Supreme Judicial Court · 1918