Brooks v. Hoyt

Massachusetts Supreme Judicial Court

Brooks v. Hoyt

23 Mass. 468

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 26, 1828

StatusPublished

This text of 23 Mass. 468 (Brooks v. Hoyt) 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

Brooks v. Hoyt, 23 Mass. 468 (Mass. 1828).

Pincite

Opinion

Per Curiam.

The distinction attempted to be made between a voluntary and a negligent escape, as it respects damages, is not supported. The one may be as excusable as the other. In all actions of the case, the question is, what is the amount of damage sustained. There is one case against a sheriff (Simmons v. Bradford) where the debt was considered to be the amount of damages. That was under peculiar circumstances, the sheriff having admitted that he took a bail bond and having refused to deliver it to the creditor.

Judgment affirmed. 1

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Per Curiam.

The distinction attempted to be made between a voluntary and a negligent escape, as it respects damages, is not supported. The one may be as excusable as the other. In all actions of the case, the question is, what is the amount of damage sustained. There is one case against a sheriff (Simmons v. Bradford) where the debt was considered to be the amount of damages. That was under peculiar circumstances, the sheriff having admitted that he took a bail bond and having refused to deliver it to the creditor.

Judgment affirmed. 1

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Bluebook (online)

23 Mass. 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-hoyt-mass-1828.