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Kirby v. Foster

Supreme Court of Rhode Island
22 A. 1111 (R.I. 1891)


Kirby (plaintiff) was employed as a bookkeeper by the Providence Warehouse Co. Foster (defendant) was a manager of the Providence Warehouse Co. One day, $50 was missing from the company, and Kirby was held responsible. This amount was deducted from his pay. Kirby disputed this and retained legal counsel for the matter. On January 20, 1888, Foster handed Kirby money to pay the help. On the advice of his counsel, Kirby deducted from this money his pay, including the $50 that had been withheld from him, and returned the remaining balance to Foster. Foster seized Kirby and attempted to take back the money from him. The two struggled, and Kirby suffered injuries. Kirby brought suit against Foster to recover damages for his injuries. At trial, the jury entered a verdict for Kirby. Foster appealed on the ground that he was justified in using force against Kirby to retake the money from him.

Rule of Law


Holding and Reasoning (Stiness, J.)

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