Levi v. Brooks
Massachusetts Supreme Judicial Court
Two actions OE TORT. The declarations in both cases alleged that the “ defendants by themselves, or their servants acting under their orders, with force and arms, did, an assault make upon the body of the plaintiff.”
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Two actions OE TORT. The declarations in both cases alleged that the “ defendants by themselves, or their servants acting under their orders, with force and arms, did, an assault make upon the body of the plaintiff.” Answer, in each case, a general denial. r At the trial in the Superior Court, before Allen, J., it was admitted by the plaintiffs, that none of the alleged assaults or trespasses were done by the defendants personally, or in their presence, or by their express order or request, or with their assent or actual knowledge. The plaintiffs offered evidence tending to show that on March…
1Opinion of the CourtMorton, J.
The instructions given at the trial were in ac • cordance with the decision of this court in Howe v. Hewmarch, 12 Allen, 49. The evidence tended to show that three persons, who were servants of the defendants, committed an assault upon each of the plaintiffs, and that such assaults were committed in the execution of the authority given them by the defendants, and for the purpose and as a means of carrying out their orders.
The ground taken by the defendants, that the master is not liable for a wilful trespass committed by the servant, cannot be sustained. The test of the liability of the…
2Cases cited2 opinions
- Hawes v. KnowlesMassachusetts Supreme Judicial Court · 1874
- Barden v. FelchMassachusetts Supreme Judicial Court · 1872
3Cited by47 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- Howard v. Town of BurlingtonMassachusetts Supreme Judicial Court · 1987
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
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