Meyers v. Tygh
Superior Court of Pennsylvania
Appeal, No. 22, Oct. T., 1920, by defendant, from the judgment of the Municipal Court of Philadelphia, February T., 1919, No. 399, on verdict for plaintiff in the case of George B. Meyers v. James F. Tygh. Trespass for damages for false arrest. Before Bonniwell, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 22, Oct. T., 1920, by defendant, from the judgment of the Municipal Court of Philadelphia, February T., 1919, No. 399, on verdict for plaintiff in the case of George B. Meyers v. James F. Tygh. Trespass for damages for false arrest. Before Bonniwell, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $500. On motion for a new trial the court made an order granting the new trial unless the plaintiff should file within ten days a remittitur for all sums in excess of $250, and unless the said $250 and costs should be paid within ten days after the…
1Opinion of the Court
Opinion by
Keller, J.,
This was a suit in trespass for false arrest. The plaintiff was admittedly arrested by the defendant without a warrant and taken to the station house where complaint was made against him for impersonating an officer. At the hearing next morning he was discharged. On the trial of the present action the defendant testified that an additional reason for his arresting the plaintiff was that a man named Horner was about to assault the plaintiff and therefore he arrested the latter to prevent a breach of the peace. Under-this aspect of the case he arrested the wrong man. If it…
2Cases cited4 opinions
- McLaughlin v. KellySupreme Court of Pennsylvania · 1911
- Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
- Fleming v. DixonSupreme Court of Pennsylvania · 1899
- Weinberger v. SuessSuperior Court of Pennsylvania · 1915
3Cited by5 opinions
- Gough v. HalperinSupreme Court of Pennsylvania · 1931
- United States v. KesslerCourt of Appeals for the Third Circuit · 1954
- Wright v. EngleSuperior Court of Pennsylvania · 1978
- United States v. GenoveseDistrict Court, D. New Jersey · 1955
- United States v. KesslerCourt of Appeals for the Third Circuit · 1954