Shriver v. Bean
Michigan Supreme Court
Error to Berrien; Coolidge, J. Case by Charles W. Shriver against William Worth Bean for assault and battery. From a judgment for defendant, plaintiff brings error. This is an action to recover damages for assault and battery. Plaintiff was an alderman of the city of Benton Harbor, and a member of the street committee.
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Error to Berrien; Coolidge, J. Case by Charles W. Shriver against William Worth Bean for assault and battery. From a judgment for defendant, plaintiff brings error. This is an action to recover damages for assault and battery. Plaintiff was an alderman of the city of Benton Harbor, and a member of the street committee. The defendant was the president and general manager of the St. Joseph & Benton Harbor Street Railway Company, a corporation organized under the law for the purpose of constructing and operating a street railway. An ordinance was passed August 17, 1892, granting to the railway…
1Opinion of the CourtGrant, J.
(after stating the facts). Counsel for the plaintiff argues (1) that the plaintiff, acting for the city, had the right to remove the track for the purpose of paving the street; and (2) that, if he had not, still the defendant had no right to use a shotgun to prevent its removal. Counsel for the defendant argue (1) that plaintiff was not acting for the city, nor under authority conferred by it; (2) that the defendant had the right to resist the plaintiff and the others with sufficient force to prevent the accomplishment of their purpose. The question of intentional shooting has been disposed…
2Cases cited4 opinions
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
- Iron Mountain & Helena Railroad v. JohnsonSupreme Court of the United States · 1887
- Galbraith v. FlemingMichigan Supreme Court · 1886
- People v. PearlMichigan Supreme Court · 1889
3Cited by3 opinions
- Brown Ex Rel. Brown v. MartinezNew Mexico Supreme Court · 1961
- People v. PetersonMichigan Supreme Court · 1911
- Union Street Railway Co. v. Saginaw Circuit JudgeMichigan Supreme Court · 1897