Roberson v. J. C. Penney Co.

This is an appeal from an order granting plaintiff’s motion for a new trial following a jury verdict in favor of defendant in an action for false imprisonment.

The court stated that the motion for new trial was granted on the ground of error of law, in that the court in its instructions submitted to the jury the question of probable cause for the detention of the plaintiff by the employee of defendant, whereas it is settled that probable cause is a matter of law to be determined by the court, and the jury is to be told of the court’s determination in its instructions. (Collyer v. S. H. Kress &…