Dunn v. Lowe
Massachusetts Supreme Judicial Court
Tort, alleging that the plaintiff was the owner and in possession of two sacks of lobsters and that the defendant forcibly and against the will of the plaintiff seized and opened the sacks and searched them without right.
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Tort, alleging that the plaintiff was the owner and in possession of two sacks of lobsters and that the defendant forcibly and against the will of the plaintiff seized and opened the sacks and searched them without right. Writ dated September 13, 1907. The answer, after a general denial, alleged that the defendant is a duly qualified deputy fish and game commissioner, and at the time of the acts alleged in the plaintiff’s declaration was acting in the due process of law and within his right as such deputy commissioner. In the Superior Court the case was submitted to White, J., upon an agreed…
1Opinion of the CourtKnowlton, C. J.
The plaintiff was engaged in the business of taking, buying and selling lobsters. The defendant is a deputy of the commissioners on fisheries and game of the Commonwealth. The plaintiff was carrying by hand, through the streets of New Bedford, two sacks securely tied, containing lobsters. He had just received them from a common carrier, and had not opened them. It was not unlawful for him to take, hold or offer for sale these lobsters. The defendant met the plaintiff, and suspecting that the lobsters in the sacks had been taken, held or offered for sale unlawfully, and acting under the R. L.…
2Cited by1 opinion
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