Legal Opinion

Polonsky v. Pennsylvania R. Co.

U.S. Circuit Court for the District of Southern New York

Decided December 10, 1909PublishedCited by 4 opinions

At Law. Action by Jacob Polonsky against the Pennsylvania Railroad Company and the Pullman Company. On motion by plaintiff for new trial.

1Opinion of the Court

HOUGH, District Judge.

'The gist of an action for false imprisonment is a trespass committed either personally or by procurement upon the body of the plaintiff. It is essential to the successful maintenance of the action that the act alleged to constitute the trespass is unlawful. That the trespass aforesaid consists in the arrest,' incarceration, or detention of an innocent man is not of itself material. That the arrest of one who is innocent must be unlawful is naturally an attractive statement; but,'if the forms of law be observed, *559such statement is not necessarily true. An arrest and…

2Cases cited3 opinions

  1. Whitten v. BennettCourt of Appeals for the Second Circuit · 1898
  2. Reisterer v. Lee SumCourt of Appeals for the Second Circuit · 1899
  3. Van v. Pacific Coast Co.U.S. Circuit Court for the District of Washington · 1903

3Cited by4 opinions

  1. Burk v. KnottAlabama Court of Appeals · 1924
  2. Durgin v. CohenSupreme Court of Minnesota · 1926
  3. Finney v. ZingaleWest Virginia Supreme Court · 1918
  4. Metz v. West Virginia State Board of Probation & Parole & Department of CorrectionsWest Virginia Court of Claims · 1980

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