J. C. Penney Company, a Corporation v. Leonard O'Daniell and Opal O'daniell, Husband and Wife

PICKETT, Circuit Judge.

Plaintiffs brought this action to recover actual and punitive damages for the alleged false arrest and detention of the plaintiff Opal O’Daniell. Her husband, Leonard O’Daniell, sought relief for loss of consortium. The claims arose out of action taken by several of defendant’s employees after they had been informed that a customer had seen a person, answering the description of the plaintiff Opal O’Daniell, surreptitiously take some merchandise in the store. In the course of its instructions, after a lengthy and somewhat argumentative discussion of the evidence and…