Cunningham v. Shea
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Shea and another^, from A judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 24th day ©f March, 1905, upon the verdict of a jury, and also from- an order entered in said clerk’s office on the 29th'day pf March, 1905, denying the defendants’ motion for a new trial made upon the minutes..,
1Opinion of the Court
Spring, J.:
The plaintiff was an inmate of the county house of Onondaga county. The defendants were engineers regularly employed therein. The plaintiff, according to the testimony on behalf of the defendants, was using profane and obscene language in the engine room on the premises, and threatened to run a knife into the defendant Shea. The defendants thereupon placed the plaintiff in a room designed for the confinement of refractory inmates, where he was • detained during the day.
The action is for false imprisonment and the defendants justified their apprehension of the plaintiff by alleging…
2Cases cited4 opinions
- Birdsall v. . ClarkNew York Court of Appeals · 1878
- Board of Commissioners of Excise of Delaware County v. SackriderNew York Court of Appeals · 1866
- Providence Retreat v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1898
- Tobin v. BellAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Wood v. Charles W. Hoffman Co.Appellate Division of the Supreme Court of the State of New York · 1907