Vitterio v. St. Regis Paper Co.

Davis, J. (concurring):

I concur for reversal, but differ in some respects from a majority of the court on the grounds for reaching that conclusion. It is sought to hold defendant liable in damages for false imprisonment where its agent laid before a justice of the peace facts sufficient to charge plaintiff with a crime, and the justice committed errors in drafting the information and issuing the warrant. The defendant was not responsible for the lack of legal skill or errors in judgment of the magistrate in a case where he had jurisdiction to issue a *776warrant. (Marks v. Townsend, 97 N. Y. 590;…