Emmerich v. Thorley
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Elizabeth Emmerich against Jennie Thorley and another. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtPatterson, 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 her liberty by…
2Cases cited7 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- 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
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Patrich v. Menorah Medical CenterMissouri Court of Appeals · 1982
- Chaloner v. ShermanCourt of Appeals for the Second Circuit · 1914
- Furrh v. Arizona Bd. of RegentsCourt of Appeals of Arizona · 1983
- Furrh v. Arizona Board of RegentsCourt of Appeals of Arizona · 1983
- Jillson v. CaprioCourt of Appeals for the D.C. Circuit · 1950
1 more not listed; retrieve them via the Exa API.