Benson v. Swift
Massachusetts Supreme Judicial Court
This was an action of assault and battery, brought by a mariner against the master of the ship. The declaration contained several counts, reciting as many distinct injuries.
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This was an action of assault and battery, brought by a mariner against the master of the ship. The declaration contained several counts, reciting as many distinct injuries. Upon the general issue, pleaded at last March term, there was a verdict for the plaintiff for 755 dollars damage; upon which the counsel for the defendant moved in arrest of judgment, because the plaintiff, in the third count of his declaration, has charged the assault and battery, therein complained of, with a continuando ; and the jury have rendered a general verdict for the plaintiff, with entire damages for all the…
1Opinion of the CourtParker, J.
I am against arresting the judgment in this case, however my opinion might have been on a special demurrer and ‘cinder, where the parties are properly brought to a conflict on points of nicety.
I understand it to have been uniformly endeavored by courts to support declarations after verdict, if the words therein contain sufficient for that purpose. And indeed, where there may be some question on the literal sense of the words, the courts will give them such a reasonable construction (if they are capable of it) as will support the action after verdict.
The objection here is, that the assault and…
2Cases cited4 opinions
- Barnard v. WhitingMassachusetts Supreme Judicial Court · 1811
- Nye v. OtisMassachusetts Supreme Judicial Court · 1811
- Sullivan v. HolkerMassachusetts Supreme Judicial Court · 1819
- Barnes v. HurdMassachusetts Supreme Judicial Court · 1814
3Cited by8 opinions
- Barnes v. HurdMassachusetts Supreme Judicial Court · 1814
- Cummins v. ButlerIndiana Supreme Court · 1833
- Dewey v. FifieldWisconsin Supreme Court · 1853
- Smith v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1929
- Burbank v. HornSupreme Judicial Court of Maine · 1855
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