E. I. Du Pont De Nemours Powder Co. v. Hyde
Supreme Court of Alabama
Appeal from City Court of Birmingham; Chas. W. Ferguson, Judge. Action by Calvin C. Hyde against the E. I. Du Pont de Nemours Powder Company, for damages for an. assault with a pistol, and for false imprisonment. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from City Court of Birmingham; Chas. W. Ferguson, Judge. Action by Calvin C. Hyde against the E. I. Du Pont de Nemours Powder Company, for damages for an. assault with a pistol, and for false imprisonment. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. As it went to the jury the complaint claimed damages for an assault with a pistol, and also a false imprisonment, both committed by defendant’s servant, acting within his authority. The acts constituting the alleged assault and the arrest occurred when defendant’s…
1Opinion of the CourtSomerville, J.
The issue actually tried upon the charge of assault was whether defendant’s agent presented the pistol at plaintiff with menace. And the issues actually tried upon the charge of false imprisonment were: (1) Whether plaintiff had knowledge of the posted warnings around the premises forbidding trespassing thereon; (2) whether plaintiff failed to leave the premises immediately upon the request of defendant’s servant; and (3) whether plaintiff .was under any duress under said servant after they left defendant’s premises. The evidence being in conflict, all of these questions were properly…
2Cases cited1 opinion
- Matthews v. FarrellSupreme Court of Alabama · 1903
3Cited by1 opinion
- Alabama Water Co. v. BarnesSupreme Court of Alabama · 1919