McGUIRE V. ALMY
Sup. Jud. Ct. of Mass., 297 Mass. 323, 8 N.E.2d 760 (1937)
NATURE OF THE CASE: This is an action in tort for damages for an assault and battery and
appeal from a directed verdict for plaintiff and awarded damages.
FACTS: McGuire (P) was a registered nurse who was a graduate of a nursing school. P had
been employed to give care to Almy (D), an insane person, on a 24-hour basis. P knew that D
was insane but in good physical condition. D was kept locked in her room. Almost 18 months
after P started work, D had a violent attack during which she broke furniture and warned P
not to enter her room or she would be killed. P decided that it would be better to remove
the broken items before D did any more harm to herself. Two parties watched as P approached
D who was positioned with a piece of furniture raised above her head, ready to strike. P
tried to grab D's hand and D struck P. P was injured in the head and brought an action for
the injuries. The jury gave the verdict to P. D had moved for a directed verdict but the
Superior Court (Massachusetts), denied D's motion for a directed verdict and entered
judgment for plaintiff and awarded damages, in P's action for tort assault and battery.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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