McCann v. Tillinghast

• Decision Date: 02 November 1885
• Citation: 140 Mass. 327,5 N.E. 164
• Parties: McCANN v. TILLINGHAST and others.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

140 Mass. 327

5 N.E. 164

McCANN

v.TILLINGHAST and others.

Supreme Judicial Court of Massachusetts.

Filed November 2, 1885.

Tort, for an assault and battery. The declaration alleged that the servant of the defendants, one George Bailey, on December 28, 1884, being at the time a watchman at the lumber-yard of the defendants, unlawfully, without cause, and maliciously made an assault upon him, and beat and bruised him, and so injured the plaintiff that he had been put to great pain and suffering, had lost much time and labor, and spent considerable sums of money to pay for medical advice and attendance, and was seriously injured thereby, all of which said defendants' servant did wrongfully, and without cause, in an unjustifiable attack upon the plaintiff, under an assumption that the plaintiff was trespassing upon the defendants' land, and without notice to leave. The defendants demurred to the declaration. The superior court sustained the demurrer, and the plaintiff appealed.

E.L....