Caffrey v. Drugan
Massachusetts Supreme Judicial Court
Tort, for an assault and false imprisonment. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The defendant is chief of police of Dedham, and admitted that he arrested the plaintiff without a warrant, between the hours of one and two o’clock in the morning of February 14, 1886, in a public place in Dedham.
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Tort, for an assault and false imprisonment. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The defendant is chief of police of Dedham, and admitted that he arrested the plaintiff without a warrant, between the hours of one and two o’clock in the morning of February 14, 1886, in a public place in Dedham. The defendant offered evidence tending to show that the plaintiff, when arrested, was in an intoxicated condition. He was committed to the lock-up of the town, and detained there until between seven and eight o’clock in the evening…
1Opinion of the CourtD evens, J.
The plaintiff had been arrested by the defendant, who was a police officer, by virtue of the Pub. Sts. c. 207, § 25, which permit the arrest of an intoxicated person in certain cases without a warrant, and further require that such person shall be “ kept in custody in some suitable place until he is so far recovered from his intoxication as to render it proper to carry him before a court or trial justice. The officer may then make- a complaint against him for the crime of drunkenness.” While the St. of 1869, o. 415, § 42, uses the phrase “ shall ” arrest, and the phrase “ may ” arrest is…
2Cases cited3 opinions
- Brock v. StimsonMassachusetts Supreme Judicial Court · 1871
- Phillips v. FaddenMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. CheneyMassachusetts Supreme Judicial Court · 1886
3Cited by14 opinions
- Keefe v. HartMassachusetts Supreme Judicial Court · 1913
- Horgan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Janus v. United States Ex Rel. HumphreyCourt of Appeals for the Ninth Circuit · 1930
- Joyce v. ParkhurstMassachusetts Supreme Judicial Court · 1889
- Palmer v. Maine Central RailroadSupreme Judicial Court of Maine · 1899
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