Cooper v. Hopkins
Supreme Court of New Hampshire
Trespass, to the person. Trial by jury. Verdict for the plaintiff. The defendant Moore was manager of a dry-goods store owned by tlie defendant Hopkins.
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Trespass, to the person. Trial by jury. Verdict for the plaintiff. The defendant Moore was manager of a dry-goods store owned by tlie defendant Hopkins. The plaintiff’s evidence tended to show that, while she was standing among customers in the store, Moore touched her upon the shoulder and requested her to go into another room; and she not complying, he accused her of larceny, seized her, pushed her, and searched her shopping-bag, all in the presence of customers and clerks. The plaintiff’s innocence was admitted. The testimony, on direct examination, of a clerk called by the defendants,…
1Opinion of the CourtChase, J.
The verdict cannot be disturbed on account of the ruling allowing the plaintiff to introduce testimony contradicting the answer of the defendants’ witness to the first of the two questions mentioned in the case. Her testimony on direct examination tended to show that no assault was committed. As described by her, the affair was not such as would be likely to attract much attention, or cause excitement in the bystanders. If her attention was so absorbed by it that she neglected to attend to the repeated calls of customers, the fact would be inconsistent with her testimony. It would have a…
2Cases cited1 opinion
- Hartnett v. McMahanMassachusetts Supreme Judicial Court · 1897
3Cited by7 opinions
- Rogers v. BigelowSupreme Court of Vermont · 1916
- Villineuve v. Manchester Street RailwaySupreme Court of New Hampshire · 1905
- Christie v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1935
- Cohen v. United StatesCourt of Appeals for the First Circuit · 1932
- Despiau v. United States Casualty Co.Court of Appeals for the First Circuit · 1937
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