Geary v. Stevenson
Massachusetts Supreme Judicial Court
Tort, in two counts, for an assault and battery and false imprisonment. Trial in the Superior Court, before Richardson, J., who allowed a bill of exceptions, in substance as follows.
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Tort, in two counts, for an assault and battery and false imprisonment. Trial in the Superior Court, before Richardson, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show that, on February 10, 1895, the defendant was the owner of premises on Boylston Street in Boston, the back yard of which extended in the rear to the line of Providence Street; that he had bought the premises about a year before with the intention of altering the building for business purposes, and it was entirely vacant; that the fence in the rear, along Providence Street, was…
1Opinion of the CourtLathrop, J.
There is nothing in this case to show that the defendant had anything personally to do with the arrest or imprisonment of the plaintiff, or knew anything about it. He is sought to be held liable for the acts of one Tholley, who, although an employee of the defendant, did the acts complained of, as the defendant contended, while acting under the control and direction of one Kendall, a police officer.
There are various exceptions to the exclusion of evidence *31which we are of opinion must be overruled. Some of these go merely to the question of damages, and, as there was a verdict for the…
2Cases cited25 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
- Gebhart v. BurkettIndiana Supreme Court · 1877
- Poland v. BrownellMassachusetts Supreme Judicial Court · 1881
- Gough v. St. JohnNew York Supreme Court · 1837
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3Cited by15 opinions
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- Davenport v. SilveySupreme Court of Missouri · 1915
- Colburn v. MarbleMassachusetts Supreme Judicial Court · 1907
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