Legal Opinion

Weaver v. McGovern

Court of Appeals of Kentucky

Decided January 15, 1906PublishedCited by 9 opinions

CASE 1. — ACTION BY JOHN McGOVERN AGAINST CHARLES P. WEAVER AND OTHERS FOR FALSE IMPRISONMENT. — February 2. Appeal from Jefferson Circuit Court, Common Pleas Branch (1st .Division). Emmett Field, Judge. Judgment for plaintiff.

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CASE 1. — ACTION BY JOHN McGOVERN AGAINST CHARLES P. WEAVER AND OTHERS FOR FALSE IMPRISONMENT. — February 2. Appeal from Jefferson Circuit Court, Common Pleas Branch (1st .Division). Emmett Field, Judge. Judgment for plaintiff. Defendants appeal. 1. In an action for false imprisonment where there was no proof of appreciable loss of time, nor damage to reputation by reason of the arrest complained of, and no evidence as to malice on the part of the arresting officer, or violence used toward plaintiff, a verdict and judgment for $500 damages is excessive and is evidently the result of passion…

1Opinion of the Court

OpiNion by

Judge Nunn.

Affirming.

This action was brought by the appellee' for false imprisonment against three policemen of the city of Lousiville, viz., Peter Maloney, John Hess, and Ed. Powell; and Charles P. Weaver, Jacob Hager, R. Lee Suter, and W. L. Lyons. He alleged that the three policemen arrested and imprisoned him by. and with the advice, consent, and direction of the other defendants; that his arrest and imprisonment was the result of an unlawful combination and conspiracy of all the defendants. Soon after the action was instituted the appellee dismissed his action as against all…

2Cases cited1 opinion

  1. Jamison v. GaernettCourt of Appeals of Kentucky · 1874

3Cited by9 opinions

  1. McCray v. City of Lake LouisvillaCourt of Appeals of Kentucky (pre-1976) · 1960
  2. Goins v. Hudson, JailerCourt of Appeals of Kentucky (pre-1976) · 1932
  3. Madden v. MeehanCourt of Appeals of Kentucky · 1912
  4. Giannini v. GarlandCourt of Appeals of Kentucky (pre-1976) · 1944
  5. Wilder v. BaileyCourt of Appeals of Kentucky (pre-1976) · 1930

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