(Download) "Pilos v. First Nat. Stores" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Pilos v. First Nat. Stores
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 03, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
QUA, Justice. The plaintiff's declaration is in three counts (1) for slander in accusing the plaintiff of stealing from the defendant's store, (2) for false arrest and imprisonment of the plaintiff on a charge of stealing from the defendant's store, and (3) for 'assault and trespass upon the person of the plaintiff.' There was a verdict for the plaintiff on the first count for $1, on the second count for $500, and on the third count for $1. The defendant excepts. There was error in denying the defendant's motion for a directed verdict in its favor on the second count. That count declared upon an arrest by a police officer at the direction of the defendant. At the trial the case was submitted to the jury 'on the basis' of a claim by the plaintiff that the false arrest and imprisonment for which she sought recovery consisted in her detention at the store by an agent of the defendant before any police officer arrived. The judge instructed the jury, without exception, that the defendant was not responsible for what happened after the arrival of the officers. The second count did not cover any arrest or imprisonment which was not the act of a police officer and therefore did not cover the detention of the plaintiff by an agent of the defendant who was not a police officer. The defendant's motion for a directed verdict referred to the pleadings and therefore directed the Judge's attention to the allegations of the count. Shannon v. Willard, 201 Mass. 377, 384, 385, 87 N.E. 610; Weiner v. D. A. Schulte, Inc., 275 Mass. 379, 384, 385, 176 N.E. 114; Beit Bros., Inc., v. Irving Tanning Co., 315 Mass. 561, 563, 53 N.E.2d 702; Tinkham v. Wind, 319 Mass. 158, 160, 65 N.E.2d 14; Pochi v. Brett, 319 Mass. 197, 205, 65 N.E.2d 195; See Oulighan v. Butler, 189 Mass. 287, 289, 75 N.E. 726; Murphy v. Russell, 202 Mass. 480, 89 N.E. 107; Noyes v. Caldwell, 216 Mass. 525, 104 N.E. 495.