Shane v. Lyons
Massachusetts Supreme Judicial Court
Tort, for an assault and battery committed by the husband of the defendant upon premises owned by her. At the trial in the Superior Court, before Lilley, J., it appeared that the husband of the defendant was her authorized agent for the care of her real estate; that at the time of the alleged assault and in the commission thereof he was acting within the scope of his authority as such agent, and that she was not then present.
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Tort, for an assault and battery committed by the husband of the defendant upon premises owned by her. At the trial in the Superior Court, before Lilley, J., it appeared that the husband of the defendant was her authorized agent for the care of her real estate; that at the time of the alleged assault and in the commission thereof he was acting within the scope of his authority as such agent, and that she was not then present. The defendant requested the following rulings: “ The defendant in this case being the wife of the person committing the alleged assault cannot be held responsible…
1Opinion of the CourtHammond, J.
The only question is whether a married woman can be civilly responsible for personal injuries inflicted not in her presence upon a third person by her husband while acting within the scope of his authority as her agent.
The act of the agent is the act of the principal, and she must be held unless there is something in the relation of husband and wife which takes the case out of the general rule.
It is contended by the defendant that, while the wife is liable for assaults and other torts committed by her when not acting under the coercion of her husband, she is not so liable when acting under…
2Cases cited2 opinions
- Handy v. FoleyMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. EaganMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
- Banfield Et Ux. v. Addington Et Ux.Supreme Court of Florida · 1932
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Harrington v. AlessiMassachusetts Supreme Judicial Court · 1929
- Russell v. PhelpsSupreme Court of Vermont · 1901
- O'Carroll v. StarkSupreme Court of New Jersey · 1914