Legal Opinion

Beardsley v. Soper

Appellate Division of the Supreme Court of the State of New York

Decided September 11, 1918PublishedCited by 7 opinions

Appeal by the defendant, William A. Soper, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 14th day of November, 1917, upon the verdict of a jury for $300, and also from an order entered in said clerk’s office on the 10th day of December, 1917, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Woodward, J.:

The complaint alleges, and the evidence would permit a jury to find, that the defendant, a police officer of the village of Walton, struck the plaintiff upon the head with a police club and forcibly took him to the village lockup, where the plaintiff was kept about twenty-four hours, and finally released without the semblance of an arraignment or trial, and that the plaintiff was made sore and sick, and was obliged to remain in bed for a period of one week, and was confined to the house for two weeks. The action is, of course, for false imprisonment, and there is no merit in the…

2Cases cited5 opinions

  1. Voltz v. . BlackmarNew York Court of Appeals · 1876
  2. Darry v. . the PeopleNew York Court of Appeals · 1854
  3. Crane v. . BennettNew York Court of Appeals · 1904
  4. Mattice v. . WilcoxNew York Court of Appeals · 1895
  5. McFadden v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by7 opinions

  1. Sindle v. New York City Transit AuthorityNew York Court of Appeals · 1973
  2. Yackel v. NysAppellate Division of the Supreme Court of the State of New York · 1939
  3. Prince George's County v. BlumbergCourt of Special Appeals of Maryland · 1979
  4. Vallon v. RamageNew York Supreme Court · 1949
  5. Goines v. Pennsylvania RailroadNew York Supreme Court · 1955

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