Polonsky v. Pennsylvania R. Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Action at law by Jacob Polonsky against the Pennsylvania Railroad Company and the Pullman Company. Judgment for defendants, and plaintiff brings error.
1Concurrence
LACOMBE,. Circuit Judge.
I am unable to .concur for these rea-' sons:
1., Although the state courts hold that the action of false arrest will lie against, the person who induces the officer to make the arrest, air though i,t be made under such circumstances that the officer is not responsible, I understand the federal decisions to be the other way. Reisterer v. Lee Sum, 94 Red. 343, 36 C. C. A. 285; Van v. Pacific Coast Co. (C. C.) 120 Fed. 699. These cases hold that, if arrest without process-, be lawful, the person procuring such arrest to be made is not liable-in an action for false…
2Cases cited2 opinions
- Reisterer v. Lee SumCourt of Appeals for the Second Circuit · 1899
- Van v. Pacific Coast Co.U.S. Circuit Court for the District of Washington · 1903