Legal Opinion

Bath v. Metcalf

Massachusetts Supreme Judicial Court

Decided November 23, 1887PublishedCited by 14 opinions

1Opinion of the CourtHolmes, J.

This is an action for false imprisonment against seven defendants, five of whom the jury have found guilty. Of these five, the defendants Hadd and Wheeler made the original arrest, without a warrant, on a charge of felony. We cannot say that the evidence, if believed, showed that Hadd and Wheeler had reasonable grounds to suspect the plaintiff of being a pickpocket, (supposing the justification to be well pleaded,) whether the question was properly one for the jury, or was for the court, like other questions of reasonable cause. Compare Rohan v. Sawin, 5 Cush. 281; Good v. French, 115 Mass.…

2Cases cited5 opinions

  1. Brock v. StimsonMassachusetts Supreme Judicial Court · 1871
  2. Phillips v. FaddenMassachusetts Supreme Judicial Court · 1878
  3. Good v. FrenchMassachusetts Supreme Judicial Court · 1874
  4. Caffrey v. DruganMassachusetts Supreme Judicial Court · 1887
  5. Bernard v. BougardMichigan Court of Chancery · 1839

3Cited by14 opinions

  1. Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
  2. Gunder v. TibbitsIndiana Supreme Court · 1899
  3. Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913
  4. Keefe v. HartMassachusetts Supreme Judicial Court · 1913
  5. Wax v. McGrathMassachusetts Supreme Judicial Court · 1926

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