Foulke v. New York Consolidated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Miller R. Foulke, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of January, 1917, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from an order entered in said clerk’s office on the 22d day of January, 1917, denying plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Miller R. Foulke, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of January, 1917, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from an order entered in said clerk’s office on the 22d day of January, 1917, denying plaintiff’s motion for a new trial made upon the minutes. Plaintiff was a passenger on the Fourth avenue subway from Union street station to Coney Island. A passenger getting out at Fifty-ninth street left a…
1Opinion of the Court
Per Curiam :
Inasmuch as the officer made no attempt to arrest, and all went voluntarily to see the police captain, there was no arrest or imprisonment. Had the officer exhibited a warrant, or if he asserted that he would arrest plaintiff, a submission to such a show of force might raise a question for the jury. (Searls v. Viets, 2 T. & C. 224.) Here the officer heard both sides, and made a suggestion to refer the issue to the captain, which was assented to by all going to him. Hence, there was no cause of action for false imprisonment.
The facts were not in dispute. The servants of defendant, *850w…
2Cases cited3 opinions
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- Rawson v. Francis H. LeggettNew York Court of Appeals · 1906
- McCarthy v. BarrettAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by4 opinions
- Rosario v. Amalgamated Ladies' Garment Cutters' Union, Local 10Court of Appeals for the Second Circuit · 1979
- Thomas Rosario, Ovidio Vega and Ray Cabel v. Amalgamated Ladies' Garment Cutters' Union, Local 10, I.L.G.W.U., Abe Dolgen, Individually and as Manager of Amalgamated Ladies' Garment Cutters' Union, Local 10, I.L.G.W.U., and the City of New York, Thomas Rosario, Ovidio Vega and Ray Cabel v. Amalgamated Ladies' Garment Cutters' Union, Local 10, I.L.G.W.U., and International Ladies' Garment Workers' Union, Afl-CioCourt of Appeals for the Second Circuit · 1979
- Goldner-Siegel Corp. v. Kraemer Hosiery Co.New York Supreme Court · 1934
- Jones v. Freeman's Dairy, Inc.Appellate Division of the Supreme Court of the State of New York · 1954