Legal Opinion

Limbeck v. Gerry

New York Supreme Court

Decided February 15, 1896PublishedCited by 6 opinions

Tbial of issues in an action brought to recover $50,000 damages for alleged false imprisonment. The facts, so far" as they are material, are* stated in the charge.

1Opinion of the CourtGiegerich, J.

(charging the jury). Gentlemen of the jury: This action is brought to recover damages claimed in consequence of plaintiff’s alleged illegal arrest, or, as it is moi’e usually denominated, “■ false imprisonment.” False imprison-. ment is the unlawful restraint of a person contraiy to his will, either with or without process of law. It is a trespass to the . person, committed by one against anothex-, by unlawfully ai’resting and detaining him'against his will; a direct wrong or illegal act in which the defendant must have participated, or which must have been of his direct or indirect…

2Cited by6 opinions

  1. People v. EspositoNew York Court of Special Session · 1922
  2. Martin v. SantoraMississippi Supreme Court · 1967
  3. Tobin v. BellAppellate Division of the Supreme Court of the State of New York · 1902
  4. Mills v. Erie RailroadNew York Supreme Court · 1908
  5. Mills v. Erie RailroadAppellate Terms of the Supreme Court of New York · 1908

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