Conklin v. Consolidated Railway Co.
Massachusetts Supreme Judicial Court
Tort, in three counts, the first for assault, the second for false arrest and the third for malicious prosecution. Writ in the Superior Court for the county of Hampshire dated July 28, 1905. There was a trial before Brown, J. The plaintiff’s evidence tended to show that, while he was a passenger on an electric car of the defendant proceeding from New Haven toward Derby, in Connecticut, he was, without provocation on his part, assaulted and very severely beaten by the…
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Tort, in three counts, the first for assault, the second for false arrest and the third for malicious prosecution. Writ in the Superior Court for the county of Hampshire dated July 28, 1905. There was a trial before Brown, J. The plaintiff’s evidence tended to show that, while he was a passenger on an electric car of the defendant proceeding from New Haven toward Derby, in Connecticut, he was, without provocation on his part, assaulted and very severely beaten by the conductor and motorman in charge of the car at a place called Yale Field in the town of Orange. He rode back on the same car…
1Opinion of the CourtSheldon, J.
The, witness Jacobs was allowed against the exception of the defendant to testify that the defendant’s conductor Killoy, while on the defendant’s car, had said in a talk with the witness that he would assault some one on the car before he got through. The plaintiff was not on this car, and the time of the talk is no further fixed than by the witness’s statement that it was a “ comparatively short time ” before the alleged assault on the plaintiff. It was agreed on both sides that there was an encounter between the conductor and the plaintiff; but there was much contradictory evidence as to…
2Cases cited47 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- State v. GrantSupreme Court of Missouri · 1883
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3Cited by27 opinions
- Liberatore v. Town of FraminghamMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. StuartMassachusetts Supreme Judicial Court · 1911
- Rankin v. Brockton Public Market, Inc.Massachusetts Supreme Judicial Court · 1926
- Commonwealth v. RubinMassachusetts Supreme Judicial Court · 1945
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
22 more not listed; retrieve them via the Exa API.