Legal Opinion

Mallach v. Ridley

New York Supreme Court

Decided July 1, 1888PublishedCited by 6 opinions

Appeal by defendants from a judgment entered on a verdict in favor of plaintiffs. This is an action to recover damages for false and illegal imprisonment of plaintiff tiy persons in the employ of defendants. The defendants were proprietors of a retail dry-goods establishment, and employed a large number of persons. The facts out of which the cause of action arose are as follows. Plaintiff, on February 27, 1880, entered 'defendants’ store, and made sundry small purchases.

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Appeal by defendants from a judgment entered on a verdict in favor of plaintiffs. This is an action to recover damages for false and illegal imprisonment of plaintiff tiy persons in the employ of defendants. The defendants were proprietors of a retail dry-goods establishment, and employed a large number of persons. The facts out of which the cause of action arose are as follows. Plaintiff, on February 27, 1880, entered 'defendants’ store, and made sundry small purchases. After she had left the store, and while on the street, she was accosted by a policeman who had previously been informed by…

1Opinion of the CourtVan Brunt, P. J.

The. evidence in this case does not seem to materially differ from that which was presented by the record upon the last trial of this ease, upon the appeal from the judgment, in which this court held that there was sufficient evidence upon which the jury could find that the floor-walker in the arrest and searching of the plaintiff acted within the scope of his authority, and it would not be necessary upon this appeal to do more than to refer to the opinion previously announced, in order to sustain the judgment, were it not for the apparent failure to comprehend *179the evidence, which seems to be…

2Cases cited74 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Bennett v. Railroad Co.Supreme Court of the United States · 1881
  3. Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
  4. Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
  5. Beck v. . CarterNew York Court of Appeals · 1877

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3Cited by6 opinions

  1. Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
  2. Cressy v. Republic Creosoting Co.Supreme Court of Minnesota · 1909
  3. Sunderlin v. HollisterAppellate Division of the Supreme Court of the State of New York · 1896
  4. Electric Power Co. v. Metropolitan Telephone & Telegraph Co.New York Supreme Court · 1894
  5. Hamel v. Brooklyn & New York Ferry Co.New York Supreme Court · 1889

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