Lufkin v. Hitchcock
Massachusetts Supreme Judicial Court
Two ACTIONS OF toet by the same plaintiff respectively against two physicians, each declaration containing the counts - described in the first paragraph of the opinion.
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Two ACTIONS OF toet by the same plaintiff respectively against two physicians, each declaration containing the counts - described in the first paragraph of the opinion. Writs dated December 21, 1904. In the Superior Court the cases were tried together before Sherman, J. The trial took the course described in the opinion, resulting in verdicts for the defendants on every count except the fifth in each declaration on which the jury in each case returned a verdict for the plaintiff in the sum of $1. The plaintiff moved for a new trial and at the hearing upon this motion asked the judge, among…
1Opinion of the CourtKnowlton, C. J.
The questions presented by this bill of exceptions arose upon the plaintiff’s motion for a new trial in each case. The declarations in the two actions are substantially alike, each containing five counts, of which the third was waived. The defendants are physicians, and they signed a certificate that in their opinion the plaintiff was insane. Their action caused his arrest and detention for a few hours. The four counts submitted to the jury were, respectively, for a libel, for slander, for false imprisonment, and for negligence in making the examination to determine whether he was insane.…
2Cases cited5 opinions
- Commonwealth v. HaskinsMassachusetts Supreme Judicial Court · 1880
- Langan v. LanganCalifornia Supreme Court · 1891
- Commercial Bank of Albany v. . Ten EyckNew York Court of Appeals · 1872
- Doherty v. MunsonMassachusetts Supreme Judicial Court · 1879
- Miller v. Delaware, Lackawanna & Western RailroadSupreme Court of New Jersey · 1896
3Cited by16 opinions
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- Langdoc v. Gevaert Co. of America, Inc.Massachusetts Supreme Judicial Court · 1943
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