Malley v. Lane
Supreme Court of Connecticut
Action to recover damages for assault and battery, brought to the Court of Common Pleas in Fairfield County and tried to the court, Walsh, J.; facts found and judgment rendered for the plaintiff for $2,000, and appeal by the defendant. For some time before April 2d, 1919, the plaintiff had been employed as a clerk by one Scalley, who owned and conducted a bookstore in Bridgeport.
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Action to recover damages for assault and battery, brought to the Court of Common Pleas in Fairfield County and tried to the court, Walsh, J.; facts found and judgment rendered for the plaintiff for $2,000, and appeal by the defendant. For some time before April 2d, 1919, the plaintiff had been employed as a clerk by one Scalley, who owned and conducted a bookstore in Bridgeport. Scalley during this time had missed many books of considerable value which could not be accounted for, and had become convinced that the defendant, who had been in the habit of frequently visiting his store…
1Opinion of the CourtBurpee, J.
The defendant admits that on April 2d, 1919, he stole books exposed for sale and of the value of less than $15, and that he was caught in the act by the owner of the books. He contends that this theft was not a felony, and therefore the owner of the books, since he was only a private person without a warrant in legal form, had no lawful right to arrest him or to detain him until a police officer could be got to arrest him. Hence, he argues, the acts of Scalley, the owner of the stolen books, constituted an assault upon the defendant which he was justified in resisting as he did; and when the…
2Cases cited5 opinions
- Maisenbacker v. Society ConcordiaSupreme Court of Connecticut · 1899
- Hanna v. SweeneySupreme Court of Connecticut · 1906
- Bennett v. GibbonsSupreme Court of Connecticut · 1887
- Palmer v. Maine Central RailroadSupreme Judicial Court of Maine · 1899
- Knot v. GayConnecticut Superior Court · 1774
3Cited by21 opinions
- Markey v. SantangeloSupreme Court of Connecticut · 1985
- Amellin v. LeoneSupreme Court of Connecticut · 1932
- Smyth Sales, Inc. v. Petroleum Heat & Power Co.Court of Appeals for the Third Circuit · 1944
- State v. Van AllenSupreme Court of Connecticut · 1954
- State v. BolesConnecticut Appellate Court · 1967
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