Foulke v. New York Consolidated Railroad
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 2, 1918, unanimously affirming a judgment in favor of defendant entered upon the dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 2, 1918, unanimously affirming a judgment in favor of defendant entered upon the dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence established that the plaintiff had been illegally arrested and imprisoned and the burden of proof was upon the defendant to show that the arrest was justified. (Smith v. N. Y., etc., League, 121 App. Div. 600; Snead v.…
1Opinion of the CourtCollin, J.
The complaint alleges two causes of action to recover damages for (a) false imprisonment and (b) a malicious prosecution, arising out of the same transactions. The trial justice dismissed the complaint and the Appellate Division unanimously affirmed the consequent judgment. We are to determine whether or not the evidence presented an issue of fact; in reviewing it we must give the plaintiff the advantage of all the facts properly presented and of every favorable inference that can reasonably be drawn.
The cardinal facts,' as the jury might have found them, are: In July, 1915, the defendant was…
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