Pease v. Burt
Connecticut Superior Court
THIS was an action of false imprisonment. The declaration charged that the defendants forcibly arrested the plaintiff in Unficld, in Connecticut, and carried him to Northampton, in Massachusetts, and there confined him in prison.
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THIS was an action of false imprisonment. The declaration charged that the defendants forcibly arrested the plaintiff in Unficld, in Connecticut, and carried him to Northampton, in Massachusetts, and there confined him in prison. The defendants pleaded not guilty; and rested their defence on two grounds: First, that they did not commit the acts charged; and, secondly, that they were justified in so doing, as they acted under the direction of the plaintiff's bail, and took the plaintiff for the purpose oi surrendering him to the officer in Northampton, who had the execution; and that no more…
1Opinion of the Court
The Court,
in summing up to the jury, avoided a direct decision of the point of law raised in this case, though they intimated an opinion in favour of the defendants.(b) But as there was some' evidence that the defendants, in making the arrest, were guilty of unnecessary violence, the court directed the jury, if they believed that was the case, to find for the plaintiff; which they accordingly did.
The court, at this time, had not adopted the practice of giving, in their charge to the jury, m explicit opinion on all the points of law in the case.
2Cited by6 opinions
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- Hiller v. FauseySupreme Court of Pennsylvania · 2006
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