Legallee v. Blaisdell
Massachusetts Supreme Judicial Court
Tort for a malicious arrest of the plaintiff by the defendant, on an execution issued out of the Municipal Court of Boston, in favor of the defendant, as administrator of the estate of one Jones deceased.
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Tort for a malicious arrest of the plaintiff by the defendant, on an execution issued out of the Municipal Court of Boston, in favor of the defendant, as administrator of the estate of one Jones deceased. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows; It was admitted that the defendant, as administrator, recovered judgment against the plaintiff, on April 13, 1880, for the sum of $139.51 as debt or damage, and $10.51 as costs of suit; and that execution was issued thereon for the above amounts on March 7, 1881. A master in chancery…
1Opinion of the CourtMorton, C. J.
This is an action of tort for a malicious arrest. To maintain the action, the burden is on the plaintiff to prove that, at the time the defendant procured the arrest, he had no probable cause to believe that the plaintiff intended to leave the State. It is not enough to prove that he did not in fact intend to leave the State. All the evidence in this case is consistent with the theory that the defendant honestly believed, and had good reason to believe, that the plaintiff did intend to leave the State. The plaintiff therefore did not sustain the burden of proof, and prove his case; and the…
2Cited by5 opinions
- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1888
- Black v. BuckinghamMassachusetts Supreme Judicial Court · 1899
- Lauzon v. CharrouxSupreme Court of Rhode Island · 1894
- Brown v. SelfridgeCourt of Appeals for the D.C. Circuit · 1910