Hershey v. O'Neill
U.S. Circuit Court for the District of Southern New York
On Motion for New Trial. This is an action for false imprisonment and malicious prosecution. On the 4th of August, 1887, the plaintiff, a resident of Philadelphia, came to the store of the defendant, on Sixth avenue, New .York, in company with a female friend. She had never been there before, and was a total stranger to the defendant and his employes.
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On Motion for New Trial. This is an action for false imprisonment and malicious prosecution. On the 4th of August, 1887, the plaintiff, a resident of Philadelphia, came to the store of the defendant, on Sixth avenue, New .York, in company with a female friend. She had never been there before, and was a total stranger to the defendant and his employes. Her version of the Subsequent occurrences is as follows: She says she went to the umbrella counter, took up an umbrella, and. to enable her to examine more closely the quality of the silk, carried it a short distance to the light near the door.…
1Opinion of the Court
Coxe, J.,
(after stating the facts as above.') Being more than ever convinced, after are-examination of the evidence, that the verdict was right, and in accordance with the great preponderance of testimony, the court is not disposed to grant a new trial upon any ground which is merely technical and formal in character. Where the court can see that a proper result lias been reached, that the party has succeeded who ought to succeed, the endeavor should be to preserve the fruits of the trial.. Every doubt should be resolved in favor of affirmance; every exception not affecting the merits should…
2Cases cited5 opinions
- Burns v. . ErbenNew York Court of Appeals · 1869
- Mali v. . LordNew York Court of Appeals · 1868
- Von Latham v. Libby & RowanNew York Supreme Court · 1862
- Brown v. ChadseyNew York Supreme Court · 1863
- Chamberlain v. . BellerNew York Court of Appeals · 1858
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- Krowka v. Colt Patent Fire Arm Mfg. Co.Supreme Court of Connecticut · 1939
- Grayson Variety Store, Inc. v. ShafferCourt of Appeals of Kentucky (pre-1976) · 1966
- Redgate v. Southern Pacific Co.California Court of Appeal · 1914
- First Bank of Texola v. TerrellSupreme Court of Oklahoma · 1914
- Hobbs v. Illinois Central RailroadSupreme Court of Iowa · 1917
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