Larreault v. First National Stores, Inc.
This text of 42 A.2d 288 (Larreault v. First National Stores, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The case was tried as though a formal plea of justification had been filed. Defendant’s counsel in his argument to the jury said: “I say that justification extends not only to what was taken that day but whatever might have been taken before.” And the Court informed the jury that the defendant “says that it was justified in restraining her.”
It is the general rule that in the case of detention without a warrant, the defendant, in order to avoid liability, has the burden of justifying his act by showing that he had probable cause for imposing the particular restraint. Jackson v. Knowlton, 173 Mass. 94. See, also, Noyes v. Edgerly, 71 N. H. 500, 502; Clark v. Tilton, 74 N. H. 330, 332.
*376 Under the principle of Burke v. Railroad, 82 N. H. 350, 361, the jury should have been instructed in accordance with this rule without reference to the presumption stated in the request.
New trial.
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Cite This Page — Counsel Stack
42 A.2d 288, 93 N.H. 375, 1945 N.H. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larreault-v-first-national-stores-inc-nh-1945.