Shanley v. Wells

This is an action of trespass, for assault and battery, and false imprisonment. The defense urged is, that the plaintiff was a vagrant, and that the several trespasses alleged consist only of the acts done by the defendant as a policeman of the city of Chicago, in arresting and imprisoning the plaintiff as a vagrant, while in the necessary discharge of his duty as such policeman.

We do not deem it necessary to discuss the evidence, as, in our opinion, it was sufficient to authorize the verdict rendered by the jury.

The court, at the instance of the plaintiff, gave this instruction to the jury:

“T…