Burns v. . Erben
New York Court of Appeals
z This is an appeal from a judgment of the Superior Court of Héw York, affirming a judgment of nonsuit. The complaint averred that the defendants “ maliciously, and with intent to injure said plaintiff, did, illegally and without warrant, arrest her, and did, by force, compel her to go with them to a police station house, and did there and then restrain her of' her liberty, &c., without reasonable cause, and without any right or authority so to do, and against her will, &e.”
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z This is an appeal from a judgment of the Superior Court of Héw York, affirming a judgment of nonsuit. The complaint averred that the defendants “ maliciously, and with intent to injure said plaintiff, did, illegally and without warrant, arrest her, and did, by force, compel her to go with them to a police station house, and did there and then restrain her of' her liberty, &c., without reasonable cause, and without any right or authority so to do, and against her will, &e.” The defendant Frost, a police officer, made default. The defendant, Erben answered: “ 1st, Denying the complaint; 3d,'…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This case was tried as though it were an action for malicious prosecution. In such an action the burden was upon the plaintiff to show a want of probable cause. No such evidence was given, and, therefore, as such an action, the case was properly disposed of.
But the allegations of the complaint are for an illegal arrest and detention. Such acts constitute what is usually denominated an action of false imprisonment; an action in the nature of a trespass for a…
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- Smith v. County of NassauNew York Court of Appeals · 1974
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