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Torts Keyed to Duncan
McGuire v. Almy
Citation:
297 Mass. 323. 8 N.E.2d 760 (1937)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff cared for the defendant for a period of roughly 14 months. Defendant was described as a “mental case”, and would occasionally have odd and violent spells. The plaintiff was on 24 hour duty and slept in an adjacent room. On April 19, 1932, the defendant had a violent attack in which she made threats to the plaintiff and broke furniture. Thinking that the defendant may harm herself if they did not intervene, the plaintiff attempted to enter the defendant’s room and take the broken furniture away. As the plaintiff approached her, the defendant struck the plaintiff in the head with a piece of the furniture, causing injuries.
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