Bale v. Ryder

ARCHIBALD, Justice.

Both parties appeal from a jury verdict in favor of the plaintiff. The defendant’s appeal is based fundamentally upon an error committed by the Justice below when instructing the jury, objection to this instruction having been seasonably noted. We sustain the defendant’s appeal and order a new trial, thus rendering moot the issues raised by the plaintiff’s appeal.

The complaint alleged both a false arrest of, and an assault and battery on, the plaintiff, the defendant being a Portland police officer.

Admittedly, the plaintiff was arrested by the defendant without a warrant…