Legal Opinion

Oakland Cemetery Lot Owners' Ass'n v. Castleberry

Court of Appeals of Texas

Decided January 18, 1930No. 10462Published

1Opinion of the CourtLooney, J.

W. E. Castleberry sued Oakland Cemetery Lot Owners’ Association, a corporation, George W. Jálonick, and H. C. Early, president and secretary, respectively, of the corporation, to recover actual and exemplary damages for false arrest and imprisonment.

Defendants answered by general denial and pleaded specially that plaintiff was a trespasser upon the premises of the cemetery association at the time of his alleged arrest; that O. T. Smith, who made the arrest, a special ’officer authorized by defendant to police the cemetery and protect it from trespassers, had acted in good faith.

The ease was…

2Cases cited7 opinions

  1. Pitman v. HolmesCourt of Appeals of Texas · 1904
  2. Hines v. CollinsCourt of Appeals of Texas · 1920
  3. Texas Cent. R. Co. v. EldredgeCourt of Appeals of Texas · 1913
  4. Sparks v. JohnsonCourt of Appeals of Texas · 1921
  5. Thompson v. ComstockTexas Supreme Court · 1883

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