Falls v. Palmetto Power & Light Co.
Supreme Court of South Carolina
Before SpasE, J., Florence, November, 1920. Action by J. F. Falls against Palmetto Power & Light Co. Judgment for plaintiff and defendant appeals. cite: Lawful arrest: Crim. Code 1912, Sec. 1. Must be made on dependable information: 74 S- C. 412. Test is what reasonable man would do under the same circumstances: 19 Cyc. 352. Must act promptly for public welfare: 19 Cyc. 352. Rule of liability of principal for act of agent in making arrest: Ann.
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Before SpasE, J., Florence, November, 1920. Action by J. F. Falls against Palmetto Power & Light Co. Judgment for plaintiff and defendant appeals. cite: Lawful arrest: Crim. Code 1912, Sec. 1. Must be made on dependable information: 74 S- C. 412. Test is what reasonable man would do under the same circumstances: 19 Cyc. 352. Must act promptly for public welfare: 19 Cyc. 352. Rule of liability of principal for act of agent in making arrest: Ann. Cas. 1914-B, 638; E. R. 6 J. B. 65, 34 Am. Rep. 315; R. R. 5 C. P. 445; 34 Am. Rep. 311 (Md.); 39 N. Y. 381; 100 Am. Dec. 448; 15 Fed. 199; 26 A. E.…
1DissentJustice Cothran
(dissenting) : The plaintiff re^ covered a verdict of $500 actual damages and $2,000 punitive damages against both of the defendants, the one a corporation and the other its general superintendent, on account of an alleged false imprisonment, which arose out of the facts, a statement of which from the agreed case is reproduced in the leading opinion.
It may not always be so, but in' this particular case the charge of false imprisonment (more accurately denominated wrongful or unlawful imprisonment) depends primarily upon the lawfulness of the plaintiff’s arrest, and that must be determined by…
2Cases cited48 opinions
- Washington Gas Light Co. v. LansdenSupreme Court of the United States · 1899
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Long v. StateSupreme Court of Georgia · 1852
- People v. KilvingtonCalifornia Supreme Court · 1894
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
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