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McGuire v. Almy

Supreme Judicial Court of Massachusetts

8 N.E.2d 760 (Mass. 1937)

Relevant factsFree

Registered nurse McGuire (plaintiff) was hired to care for legally insane but physically healthy Almy (defendant), whom she typically kept locked in her room and who was occasionally violent. During one violent episode in which Almy tore apart her own furniture, McGuire entered the room to try to subdue her, and Almy struck McGuire on the head with a piece of furniture, injuring her. McGuire sued Almy for assault and battery; Almy moved for a directed verdict on the ground that her insanity barred tort liability, but the trial judge denied the motion, and the jury awarded McGuire $1,500. Almy appealed.

IssueFree

Whether a legally insane person who causes intentional damage to the person or property of another is liable for the damage in the same circumstances in which a sane person would be liable.

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