Fleisher v. Ensminger
Court of Appeals of Maryland
Action by Josephine Ensminger, by her mother and next friend, Lida Ensminger, against Max Fleisher, for false imprisonment. From a judgment for plaintiff, defendant .appeals. The granted prayers of the plaintiff were as follows: First Prayer. — The jury is instracted that any deprivation of liberty of another, without his consent for any length of time, whether it be by actual violence, threats or otherwise, constitutes an imprisonment within the meaning of the law.
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Action by Josephine Ensminger, by her mother and next friend, Lida Ensminger, against Max Fleisher, for false imprisonment. From a judgment for plaintiff, defendant .appeals. The granted prayers of the plaintiff were as follows: First Prayer. — The jury is instracted that any deprivation of liberty of another, without his consent for any length of time, whether it be by actual violence, threats or otherwise, constitutes an imprisonment within the meaning of the law. Second Prayer. — The plaintiff prays the court to instruct the jury that if they find from the evidence that the plaintiff was…
1Opinion of the CourtAdi-uxs, J.
On May 15th, 1920, Max Eleisher, the appellant, while in charge of the first floor of his store in Hagerstown, saw Josephine Ensminger, the appellee, who was employed as a saleswoman in said store, sell two hair nets, and drop the proceeds, twenty cents, in the pocket of her apron. Tt appears from the testimony that the rules of the establishment required the clerks, after making sales, to wrap up the merchandise sold and receive the money for it, before handing it to the customer, and then take the money to the cash register, ring it up, take the receipt or slip from the register, wrap it up…
2Cases cited2 opinions
- Bernheimer Bros. v. BeckerCourt of Appeals of Maryland · 1905
- Lewin v. UzuberCourt of Appeals of Maryland · 1886
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- Majors v. U. S. Air, Inc.District Court, D. Maryland · 1981
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