McGillivray v. Siedschlaw

I am in accord with the majority opinion but desire to express separate and additional reasons in the result.

This is an action of false imprisonment. It is founded in tort.

False imprisonment is the unlawful restraint of one’s physical liberty by another. Tredway v. Birks, 59 S.D. 649, 242 N.W. 590.

Personal liberty is the primary right in an action for false imprisonment. It is “the right of freedom of locomotion — the right to come and go or stay, when or where one may choose.” Cullen v. Dickenson et al., 33 S.D. 27, 31, 144 N.W. 656, 657.

In this case, the question before us is as to whether…