Burford v. Richards
Superior Court of Pennsylvania
Appeal, No. 129, April T., 1914, by plaintiff, from judgment of C. P. Fayette Co., March T., 1911, No. 437, on verdict for plaintiff in case of Isaac H. Burford v. John M. Richards et al., surviving heirs and trustees under will of W. J. Rainey, deceased, doing business as W. J. Rainey. Trespass for malicious prosecution and false imprisonment. At the trial it appeared that plaintiff was commissioned as a police officer to protect a coke works.
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Appeal, No. 129, April T., 1914, by plaintiff, from judgment of C. P. Fayette Co., March T., 1911, No. 437, on verdict for plaintiff in case of Isaac H. Burford v. John M. Richards et al., surviving heirs and trustees under will of W. J. Rainey, deceased, doing business as W. J. Rainey. Trespass for malicious prosecution and false imprisonment. At the trial it appeared that plaintiff was commissioned as a police officer to protect a coke works. Plaintiff was a dealer in groceries and living in Uniontown. The defendant arrested the plaintiff for trespassing upon the coke works after they had…
1Opinion of the Court
Opinion by
Trexler, J.,
The first, sixth and seventh assignments of error attack the ruling of the court in which it is held that there can be no recovery in the case for malicious prosecution or false arrest.
The correctness of this position as to malicious prosecution cannot be questioned, nor was it pressed on the argument. As to false arrest or imprisonment, in the language of his brief the plaintiff claims that, “the court charging false imprisonment should have been submitted to the jury with appropriate instructions as to damages.”
In McCarthy v. De Armit, 99 Pa. 63 (71), it is stated,…
2Cases cited4 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Roessing v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1910
- McCoy v. KalbachSupreme Court of Pennsylvania · 1913
- Commonwealth v. ShapiroSuperior Court of Pennsylvania · 1909
3Cited by2 opinions
- Taylor v. American International Shipbuilding Corp.Supreme Court of Pennsylvania · 1922
- Trautman v. WillockSuperior Court of Pennsylvania · 1926