Sweeney v. F. W. Woolworth Co.

This is an action of tort. The declaration is in two counts: the first for assault, the second for false imprisonment. As the trial judge ruled that there could be no recovery on the first count, the second only is before us. At the close of the evidence, the defendant moved for a directed verdict upon the grounds that there was not sufficient evidence to warrant a finding that the acts complained of were committed by an agent or servant of the defendant, and that such acts did not in law constitute false imprisonment. The motion was denied and the defendant excepted.

There was evidence that…