Burns v. Jones
Massachusetts Supreme Judicial Court
Tort for an assault and battery alleged to have been committed by a porter of the defendant, the proprietor of the New American House in Boston.
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Tort for an assault and battery alleged to have been committed by a porter of the defendant, the proprietor of the New American House in Boston. Writ dated June 10, 1909. In the Superior Court the case was tried before King, J. There was evidence tending to show that the plaintiff went to the defendant’s hotel, intending to get dinner there; that he first went to the toilet room to have his shoes polished; that, having a new pair of stockings with him, he told the porter that he would like to change his stockings, and that the porter replied that he could not change them there; that the…
1Opinion of the CourtDeCourcy, J.
This was an action of tort for an assault committed upon the plaintiff by a servant of the defendant. The only exceptions relate to the admission of evidence.
I. The plaintiff’s testimony that he felt humiliated in consequence of the assault and did not sleep any all night was rightly admitted. The insult and indignity inflicted upon him may well have occasioned distress of mind and injury to his feelings more serious than the physical damage, and the plaintiff was entitled to recover reasonable compensation therefor. Smith v. Holcomb, 99 Mass. 552. Meagher v. Driscoll, 99 Mass. 281. Lopes v.…
2Cases cited5 opinions
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
- Smith v. HolcombMassachusetts Supreme Judicial Court · 1868
- Scaplen v. BlanchardMassachusetts Supreme Judicial Court · 1904
- Wilson v. Fall River Daily Herald Publishing Co.Massachusetts Supreme Judicial Court · 1887
3Cited by8 opinions
- Altavilla v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1916
- Ross v. MichaelMassachusetts Supreme Judicial Court · 1923
- Suburban Land Co. v. Inhabitants of ArlingtonMassachusetts Supreme Judicial Court · 1914
- Lewiston Trust & Safe Deposit Co. v. ShackfordMassachusetts Supreme Judicial Court · 1913
- Worrell v. Baldwin Chain & Manufacturing Co.Massachusetts Supreme Judicial Court · 1916
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