Carroll v. Parry
Court of Appeals for the D.C. Circuit
Hearing- on an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action for false imprisonment. Tbe Court in tbe opinion stated tbe facts as follows: Appeals from a verdict and judgment for the plaintiff, Jackson G. Parry, an infant, by bis next friend, Richard L. Parry, appellee here, in tbe sum of $3,000. A former judgment was reversed. Gwrroll v. Parry, 43 App. D. C. 363, Ann.
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Hearing- on an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action for false imprisonment. Tbe Court in tbe opinion stated tbe facts as follows: Appeals from a verdict and judgment for the plaintiff, Jackson G. Parry, an infant, by bis next friend, Richard L. Parry, appellee here, in tbe sum of $3,000. A former judgment was reversed. Gwrroll v. Parry, 43 App. D. C. 363, Ann. Oas. 1916E, 971. Tbe evidence for tbe plaintiff tended to show that be and á colored man by tbe name of Tyler were employed by tbe defendants, Harry R. Carroll and Louis D.…
1DissentChief Justice Smyth
To my mind it is clear that the declaration in this case charg*463es false imprisonment, and not malicious prosecution. On that theory it was tried in the lower court and argued by both parties in this court. In none of the briefs is there any suggestion that the case asserted was one for malicious prosecution. It is, then, by the law of false imprisonment that it must be judged. In such a case the plaintiff is not required to prove malice or want of probable cause. The burden of establishing probable cause is on the defendant. 5 Enc. Ev. 733. But the majority of the court rules that because the…
2Cases cited10 opinions
- Bear Lake & River Water Works & Irrigation Co. v. GarlandSupreme Court of the United States · 1896
- Sturges v. CarterSupreme Court of the United States · 1885
- Cliquot's ChampagneSupreme Court of the United States · 1866
- Rich v. McInernySupreme Court of Alabama · 1893
- Board of Com'rs v. Keene Five-Cents Sav. BankCourt of Appeals for the Eighth Circuit · 1901
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