Green v. Kennedy
New York Supreme Court
HpHIS is an action brought by the plaintiff against the 1 defendant for an alleged assault and battery, and false imprisonment, The action was tried on the 27th day of January, 1864, before Justice Leonard, and a jury, at the circuit.
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HpHIS is an action brought by the plaintiff against the 1 defendant for an alleged assault and battery, and false imprisonment, The action was tried on the 27th day of January, 1864, before Justice Leonard, and a jury, at the circuit. The plaintiff claims that the following facts were established on the trial: ■ That the plaintiff was arrested by a police officer, without warrant, at the Eighth Ward station house, in the city of New York, and taken before Superintendent Kennedy, the defendant, who ordered the plaintiff to be taken back and locked up. The plaintiff was imprisoned by the…
1Opinion of the Court
By the Court, Geo. G. Babnabd, J.
In trespass, all who aid or assist are principals. (Bacon’s Abr. title Trespass G.) The defendant, by directing the imprisonment of the plaintiff, was guilty of it, when he told the officer who made the arrest to take the plaintiff back and lock him up, in contemplation of law he did the act which the officer did who followed the direction. He is not permitted to show that the act was not the consequence of the request, which the law adjudges to be part and parcel of the act itself. He can not direct a trespass and after its commission escape upon the ground…
2Cases cited1 opinion
- Coats v. . DarbyNew York Court of Appeals · 1849
3Cited by9 opinions
- Keefe v. HartMassachusetts Supreme Judicial Court · 1913
- McCloskey v. PowellSupreme Court of Pennsylvania · 1891
- Hawkins v. KuhneAppellate Division of the Supreme Court of the State of New York · 1912
- Lampert v. Laclede Gas-Light Co.Missouri Court of Appeals · 1883
- People v. PrebleLloyd Harbor Village Police Court · 1963
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