Legal Opinion

Jacques v. Childs Dining Hall Co.

Massachusetts Supreme Judicial Court

Decided March 28, 1923PublishedCited by 32 opinions

1Opinion of the CourtBraley, J.

This is an action of tort for alleged false imprisonment. The defendant at the close of the evidence moved for a directed verdict. The motion was denied and the jury having found for the plaintiff the case is before us on exceptions to the ruling. The law is well settled that “Any general restraint is sufficient to constitute an imprisonment; and though this be effected without actual contact of the person, it will be presumptively actionable,” and “Any demonstration of physical power which, to all appearances, can be avoided only by submission, operates as effectually to constitute an…

2Cases cited7 opinions

  1. Commonwealth v. PhelpsMassachusetts Supreme Judicial Court · 1911
  2. Gillingham v. Ohio River RailroadWest Virginia Supreme Court · 1891
  3. Miller v. AshcraftCourt of Appeals of Kentucky · 1895
  4. Silsbee v. WebberMassachusetts Supreme Judicial Court · 1898
  5. Mason v. JacotMassachusetts Supreme Judicial Court · 1920

2 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Foley v. Polaroid Corp.Massachusetts Supreme Judicial Court · 1987
  2. Winn & Lovett Grocery Co. v. ArcherSupreme Court of Florida · 1936
  3. Collyer v. S. H. Kress & Co.California Supreme Court · 1936
  4. Commonwealth v. HarrisMassachusetts Appeals Court · 1981
  5. Hendrickson v. HodkinNew York Court of Appeals · 1937

27 more not listed; retrieve them via the Exa API.

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