Berberian v. Mitchell

This is a civil action, with two counts. One is for false arrest and the other for assault and battery. After •a trial before a Superior Court justice sitting without a jury, a judgment was entered for the defendant for costs. The plaintiff appealed.

It appears that on May 18, 1960, plaintiff’s automobile was tagged because it was parked in a portion of a municipal parking lot which was posted as being reserved for fire vehicles only. When he discovered the tag, plaintiff removed it, entered the police station adjacent to the parking lot, tossed the tag on the duty sergeant’s desk, and then…