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(Download) "Springer v. Barnes" by Penobscot Supreme Court of Maine * Book PDF Kindle ePub Free

Springer v. Barnes

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eBook details

  • Title: Springer v. Barnes
  • Author : Penobscot Supreme Court of Maine
  • Release Date : January 17, 1940
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

We are concerned here with two actions, one brought by Robert Amacher, a minor, the other by Della Springer, his mother, who seeks to recover for the loss of services of her son and for expenses in curing him of injuries. The suits grew out of an assault alleged to have been made on the boy by the defendant, a police officer of the City of Bangor. The defendant had been detailed to keep order at a basketball game which was played in a room on the third floor of the city hall. The plaintiff, Amacher, a boy in his first year at the Bangor High School, was a spectator at the game. He had entered the room from the fire escape without paying admission; but the fact that he was a trespasser was not known to the defendant at the time the difficulties here involved arose. The plaintiff appears to have encroached on the playing floor at the game and was warned by the defendant to stand back. He did not obey, and the defendant took him by the arm to eject him. After removing the boy from the hall, the officer led him down the first flight of stairs to the second floor. Here according to the officer's story the boy pulled away, and in running down the next flight of stairs, fell and broke his ankle. The boy states that the officer pushed him down the stairs. Just before this incident the boy apparently asked the officer where he was going to take him and was told that he was going to be taken to the police captain so that this official could talk to him. Whatever may have been the original intent a jury would have been warranted in finding that after the injury this plan was abandoned, and that the boy went voluntarily to the police office asssisted by the officer and was finally taken home in a police automobile, and that after the accident he was in no sense under arrest.


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