Raymond v. Baker

Decided November 25, 1913

Massachusetts Supreme Judicial Court · decided 1913-11-25

Tort for an assault and battery alleged to Rave been committed upon the plaintiff by one Dixon as the servant and agent of the defendant’s intestate in ejecting the plaintiff from the building numbered 535 on Albany Street in Boston, occupied as a factory by the American Skate Company, a corporation financed by the defendant’s intestate, of which the plaintiff was the sales manager and by which Dixon was employed as its factory manager, He having been previously in the…

Cited by 1 later decisions — most recently May 1917

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1913-11-25

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Hammond, J.

¶1At the request of the defendant the judge ruled that unless the plaintiff proved by a preponderance of the evidence that the defendant’s intestate “personally ordered the ejectment of the plaintiff from personal motives the plaintiff could not recover;” and the defendant insists that the evidence is insufficient to warrant a finding that the order was given from “personal motives.”

¶2Upon a careful perusal of the evidence we are of opinion that this question was not one of law but one of fact for the trial judge, and we cannot say that he erred in law in finding for the plaintiff. There was no error in the manner in which he dealt with the requests for rulings.

¶3Exceptions overruled.