Palmer v. Maine Central Railroad
Supreme Judicial Court of Maine
On Motion and Exceptions by the Dependant. This was an action of trespass for false imprisonment. The plea was the general issue with a brief statement justifying the imprisonment, on the ground of a lawful arrest of the plaintiff for fraudulently evading the payment of his fare as a passenger on one of the defendant’s trains. There was evidence tending to show: That at the time alleged the plaintiff was a passenger on the defendant’s train from Rockland to Brunswick.
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On Motion and Exceptions by the Dependant. This was an action of trespass for false imprisonment. The plea was the general issue with a brief statement justifying the imprisonment, on the ground of a lawful arrest of the plaintiff for fraudulently evading the payment of his fare as a passenger on one of the defendant’s trains. There was evidence tending to show: That at the time alleged the plaintiff was a passenger on the defendant’s train from Rockland to Brunswick. That in' payment of his fare he tendered to the defendant’s conductor, Jones, a mileage book, which contained as a part of the…
1Opinion of the CourtSavage, J.
Trespass for false imprisonment. The verdict was for the plaintiff for $550. The case comes up on exceptions by the defendant, and on motion to set aside the yerdict on the grounds that it was against law, and against the weight of evidence, and that the damages are excessive. Substantially the same legal propositions are presented under the motion as under the exceptions. It will be more convenient to consider the motion first, for the conclusion which we think must be reached under the motion will necessarily dispose of the exceptions.
There is little dispute as to the essential facts. The…
2Cases cited22 opinions
- Kurtz v. MoffittSupreme Court of the United States · 1885
- Burns v. . ErbenNew York Court of Appeals · 1869
- Holley v. MixNew York Supreme Court · 1829
- Dœring v. StateIndiana Supreme Court · 1874
- Green v. GravesMichigan Supreme Court · 1844
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3Cited by18 opinions
- Collyer v. S. H. Kress & Co.California Supreme Court · 1936
- Harness v. SteeleIndiana Supreme Court · 1902
- Nadeau v. StateSupreme Judicial Court of Maine · 1978
- State v. StoneSupreme Judicial Court of Maine · 1972
- State v. MacKenzieSupreme Judicial Court of Maine · 1965
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