Thurston v. Martin
U.S. Circuit Court for the District of Rhode Island
This was an action of trespass for false imprisonment, brought [by Joseph Thurston] against the defendant [Joseph Martin], who was collector of taxes for the town of Newport, R. I. The defendant pleaded not guilty, with leave to give special matter in evidence. At the trial it was proved, that the defendant had arrested and imprisoned the plaintiff for the non-payment of a town tax, assessed on him for the year 1827, and that he was discharged upon payment of the tax.
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This was an action of trespass for false imprisonment, brought [by Joseph Thurston] against the defendant [Joseph Martin], who was collector of taxes for the town of Newport, R. I. The defendant pleaded not guilty, with leave to give special matter in evidence. At the trial it was proved, that the defendant had arrested and imprisoned the plaintiff for the non-payment of a town tax, assessed on him for the year 1827, and that he was discharged upon payment of the tax. The real controversy at the trial turned upon the point, whether the plaintiff was an inhabitant of Newport, and so liable to…
1Opinion of the Court
STORY, Circuit Justice.
The motion for a new trial is founded upon two grounds: first, of excessive damages; and secondly, that an action of trespass does not lie against the defendant, who is a mere ministerial officer, for collecting the tax.
The first question may be disposed of in a few words. The damages are certainly higher than what, had I sitten on the jury, I should have been disposed to give; and I should now be better satisfied, if the amount had been less. The charge of the court directed the jury, if they found for the plaintiff, not to give vindictive damages; but to give (if the…
2Cases cited8 opinions
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Smith v. ShawNew York Supreme Court · 1815
- Cable v. CooperNew York Supreme Court · 1818
- Suydam v. KeysNew York Supreme Court · 1816
- Wood v. PeakeNew York Supreme Court · 1811
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3Cited by21 opinions
- Wall v. TrumbullMichigan Supreme Court · 1867
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Riss & Co. v. AndersonSupreme Court of Colorado · 1941
- Tellefsen v. FeeMassachusetts Supreme Judicial Court · 1897
- State v. PearsonSupreme Court of Minnesota · 1961
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