Brown v. Kendall
Massachusetts Supreme Judicial Court
This was an action of trespass for assault and battery, originally commenced against George IL Kendall, the defendant, who died pending the suit, and his executrix was summoned in. It appeared in evidence, on the trial, which was before Wells.
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This was an action of trespass for assault and battery, originally commenced against George IL Kendall, the defendant, who died pending the suit, and his executrix was summoned in. It appeared in evidence, on the trial, which was before Wells. C. J., in the court of common pleas, that two dogs, belonging to the plaintiff and the defendant, respectively, were fig.iting in the presence of their masters; that the defendant took a stick about four feet long, and commenced beating the dogs in order to separate them; that the plaintiff was looking on, at the distance of about a rod, and that he…
1Opinion of the CourtShaw, C. J.
This is an action of trespass, vi et armis, brought by George Brown against George K. Kendall, for an assault and battery; and the original defendant having died pending the action, his executrix has been summoned in. The rule of the common law, by which this action would abate by the death of either party, is reversed in this commonwealth by statute, which provides that actions of trespass for assault and battery shall survive. Rev. Sts. c. 93, § 7.
The facts set forth in the bill of exceptions preclude the supposition, that the blow, inflicted by the hand of the defend • ant upon the person…
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