Allen v. National Peanut Corp.

Massachusetts Supreme Judicial Court

Allen v. National Peanut Corp.

75 N.E.2d 240, 321 Mass. 665, 1947 Mass. LEXIS 700

CourtMassachusetts Supreme Judicial Court

DecidedOctober 30, 1947

StatusPublished

This text of 75 N.E.2d 240 (Allen v. National Peanut Corp.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. National Peanut Corp., 75 N.E.2d 240, 321 Mass. 665, 1947 Mass. LEXIS 700 (Mass. 1947).

Pincite

Opinion

Lummus, J.

In this case a verdict for the defendant was directed upon the opening made by counsel for the plaintiff, and the plaintiff excepted. See Mulvaney v. Worcester, 293 Mass. 32; Passler v. Mowbray, 318 Mass. 231, 232; Carbone v. Trustees of New York, New Haven & Hartford Railroad, 320 Mass. 710, 713, 714.

The allegations of the opening may be summarized as follows. In October, 1944, the plaintiff, a girl of fifteen years, was hired to work in a store for the defendant by a man named Pelosi who was employed by the defendant as manager of the store. In the evening of February 8, 1945, Pelosi raped the plaintiff in the rear room of the store. Previously Pelosi had been convicted of lewdness, and of neglect to support his illegitimate child.

The plaintiff’s counsel did not state in what court the record of Pelosi’s convictions was to be found, nor whether the defendant knew of them. For all that he stated, the defendant was ignorant of the bad character of Pelosi. [666]*666Moreover, even if the defendant had known all the facts, it might have had reason to anticipate attempts at seduction on his part, but not a crime of violence like a rape. Barboza v. Decas, 311 Mass. 10, 13. Of course such a crime had no connection with his employment. Ciarmataro v. Adams, 275 Mass. 521, 526, 527. Sullivan v. Crowley, 307 Mass. 189. The case is governed by Carini v. Roman Catholic Bishop of Springfield, 219 Mass. 117.

Exceptions overruled.

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Lummus, J.

In this case a verdict for the defendant was directed upon the opening made by counsel for the plaintiff, and the plaintiff excepted. See Mulvaney v. Worcester, 293 Mass. 32; Passler v. Mowbray, 318 Mass. 231, 232; Carbone v. Trustees of New York, New Haven & Hartford Railroad, 320 Mass. 710, 713, 714.

The allegations of the opening may be summarized as follows. In October, 1944, the plaintiff, a girl of fifteen years, was hired to work in a store for the defendant by a man named Pelosi who was employed by the defendant as manager of the store. In the evening of February 8, 1945, Pelosi raped the plaintiff in the rear room of the store. Previously Pelosi had been convicted of lewdness, and of neglect to support his illegitimate child.

The plaintiff’s counsel did not state in what court the record of Pelosi’s convictions was to be found, nor whether the defendant knew of them. For all that he stated, the defendant was ignorant of the bad character of Pelosi. [666]*666Moreover, even if the defendant had known all the facts, it might have had reason to anticipate attempts at seduction on his part, but not a crime of violence like a rape. Barboza v. Decas, 311 Mass. 10, 13. Of course such a crime had no connection with his employment. Ciarmataro v. Adams, 275 Mass. 521, 526, 527. Sullivan v. Crowley, 307 Mass. 189. The case is governed by Carini v. Roman Catholic Bishop of Springfield, 219 Mass. 117.

Exceptions overruled.

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Bluebook (online)

75 N.E.2d 240, 321 Mass. 665, 1947 Mass. LEXIS 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-national-peanut-corp-mass-1947.

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