Milton v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Now. E. J. Broaddus, Judge. (1) Neither Furlong nor any one acting under him had any authority to make arrests or cause arrests to he made; and the defendant’s demurrer to the evidence should therefore have been sustained. Fire Ass’n v. Fleming, 78 Ga. 734; Pinkerton v. Gilbert, 22 111. App. 568; Railroad v. Epperson, 26 111. App. 79; Travis v. Ins.
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Appeal from Clay Circuit Court. — Now. E. J. Broaddus, Judge. (1) Neither Furlong nor any one acting under him had any authority to make arrests or cause arrests to he made; and the defendant’s demurrer to the evidence should therefore have been sustained. Fire Ass’n v. Fleming, 78 Ga. 734; Pinkerton v. Gilbert, 22 111. App. 568; Railroad v. Epperson, 26 111. App. 79; Travis v. Ins. Co., 86 Mich. 288; Flora v. Russell, 136 Ind. 153; Stevenson v. Railroad, 93 Cal. 558; Stone v. Hills, 45 Conn. 44; Railroad v. Douglass, 69 Miss. 723;. Ritchie v. Waller, 63 Conn. 158; Merritt v. Hepenstal, 25…
1Opinion of the CourtMarshall, J.
— This is an action for false imprisonment. The plaintiff recovered a judgment for $10,000 in the circuit’ court of Clay county, and the defendant appealed.
The petition alleges that on the 4th of October, 1898, the defendant, acting through its agents and servants, and through certain detectives and officers from Missouri and Kansas, did without any warrant or other legal process, and without probable cause, falsely, wantonly, maliciously, illegally and unlawfully imprison plaintiff in a certain jail in the western part of Kansas City, Missouri; did keep him there for about four days and…
2Cases cited8 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Sherman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Noble v. Sears, Roebuck & Co.California Court of Appeal · 1973
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Oganaso v. MellowSupreme Court of Missouri · 1947
- Harper v. St. Joseph Lead Co.Supreme Court of Missouri · 1950
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1910
13 more not listed; retrieve them via the Exa API.