Legal Opinion

Caffrey v. Drugan

Massachusetts Supreme Judicial Court

Decided March 23, 1887PublishedCited by 14 opinions

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

  1. Brock v. StimsonMassachusetts Supreme Judicial Court · 1871
  2. Phillips v. FaddenMassachusetts Supreme Judicial Court · 1878
  3. Commonwealth v. CheneyMassachusetts Supreme Judicial Court · 1886

3Cited by14 opinions

  1. Keefe v. HartMassachusetts Supreme Judicial Court · 1913
  2. Horgan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
  3. Janus v. United States Ex Rel. HumphreyCourt of Appeals for the Ninth Circuit · 1930
  4. Joyce v. ParkhurstMassachusetts Supreme Judicial Court · 1889
  5. Palmer v. Maine Central RailroadSupreme Judicial Court of Maine · 1899

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