Emmerich v. Thorley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth Emmerich, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 24th day of March, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 20tb day of April, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
This action was brought to recover damages for false imprisonment. On the trial a nonsuit was directed, and from the judgment entered thereon the plaintiff appeals. We are to inquire whether, upon the whole case, there was anything to go to the jury. The trial judge expressed a doubt as to the case being one for nominal damages or for a dismissal of the complaint, but adopted the latter view, which, we think, upon all the facts established, was the proper one. The gravamen of an action for false imprisonment is an unlawful arrest and detention. The plaintiff was restrained of…
2Cases cited4 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- Landt v. HiltsNew York Supreme Court · 1855
- Look v. DeanMassachusetts Supreme Judicial Court · 1871
3Cited by15 opinions
- Warner v. State of New YorkNew York Court of Appeals · 1948
- Houghtaling v. StateNew York Court of Claims · 1958
- Kowalski v. St. Francis Hospital & Health CentersNew York Court of Appeals · 2013
- Caminito v. City of New YorkNew York Supreme Court · 1965
- Patrich v. Menorah Medical CenterMissouri Court of Appeals · 1982
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