Legal Opinion

Davis v. Carroll

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1916PublishedCited by 6 opinions

Appeal by the plaintiff, John W. Davis, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 8th day of October, 1915, upon the verdict of a jury rendered by direction of the court.

1Opinion of the Court

Foote, J.:

Defendants are police officers of the city of Syracuse. In the night time on February 19, 1914, they arrested plaintiff, who was a passenger on a train of the Hew York Central railroad traveling from Buffalo to Hew York, as the train stopped at the Syracuse station, and caused him to be taken to the police headquarters in Syracuse, where he was locked up in a cell and kept in confinement until late the next afternoon, when he was released without having been brought before a magistrate.

In making this arrest defendants acted upon the orders of one of their superior officers of the…

2Cases cited11 opinions

  1. Burns v. . ErbenNew York Court of Appeals · 1869
  2. Keefe v. HartMassachusetts Supreme Judicial Court · 1913
  3. Grinnell v. WestonAppellate Division of the Supreme Court of the State of New York · 1904
  4. Pastor v. ReganNew York Supreme Court · 1894
  5. Pratt v. HillNew York Supreme Court · 1853

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3Cited by6 opinions

  1. City of Buffalo v. NeubeckAppellate Division of the Supreme Court of the State of New York · 1924
  2. Bass v. StateNew York Court of Claims · 1949
  3. People v. PrebleLloyd Harbor Village Police Court · 1963
  4. Dawkins v. WilliamsDistrict Court, N.D. New York · 2006
  5. Dumas v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1935

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