Butler v. Stockdale
Superior Court of Pennsylvania
Appeal, No. 212, Oct. T., 1901, by defendant, from judgment of C. P. Clearfield Co., Sept. T., 1901, No. 161, on verdict for plaintiff in case of Pattie E. Butler v. T. J. Stockdale. Trespass for assault and battery and false imprisonment. Before Gordon, P. J. At the trial it appeared that on November 7, 1899, plaintiff visited defendant’s store as a customer. Defendant, suspecting that she had stolen some soap, confined her in an upper room of the store for several hours.
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Appeal, No. 212, Oct. T., 1901, by defendant, from judgment of C. P. Clearfield Co., Sept. T., 1901, No. 161, on verdict for plaintiff in case of Pattie E. Butler v. T. J. Stockdale. Trespass for assault and battery and false imprisonment. Before Gordon, P. J. At the trial it appeared that on November 7, 1899, plaintiff visited defendant’s store as a customer. Defendant, suspecting that she had stolen some soap, confined her in an upper room of the store for several hours. Subsequently she was arrested under a warrant, and tried in the court of quarter sessions for larceny. The trial resulted…
1Opinion of the Court
Opinion by
Be aven, J.,
The plaintiff brought suit in trespass against the defendant, for assault and battery and false imprisonment. There was nothing in the statement and nothing whatever in the claim of the plaintiff during the trial which indicated an intention to claim damages for malicious prosecution. This was especially eliminated by the distinct admission of the plaintiff’s attorney that no such claim was made, to which the trial judge assented. It was, therefore, not incumbent upon the judge to set out in his charge the distinction between false imprisonment and malicious prosecution,…
2Cases cited1 opinion
- Duggan v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1893
3Cited by9 opinions
- Kedra v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1978
- Commonwealth v. HillSuperior Court of Pennsylvania · 1975
- Cohen v. Lit BrothersSuperior Court of Pennsylvania · 1949
- Commonwealth v. GregorySuperior Court of Pennsylvania · 1938
- Stokes v. StateIndiana Supreme Court · 1953
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