Bocock v. Cochran
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. The judgment was for $1,064.55. The action was brought to recover damages for a false imprisonment.
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Appeal from a judgment in favor of tbe plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. The judgment was for $1,064.55. The action was brought to recover damages for a false imprisonment. On the 30th day of April, 1881, the defendant, acting as the police justice of the village of Coxsackie, issued a warrant for the arrest of the plaintiff, on the charge of assault and battery, the sworn complaint alleging that the plaintiff did assault and beat the complainant in the…
1Opinion of the Court
LeabNed, P. J.:. We are of opinion that these damages were excessive. ¥e are well aware of the caution with which courts ought to interfere with ■this question, and need not refer to authorities. The plaintiff was arrested about ten A. m. Saturday, and walked with the constable to the defendant’s office. During the adjournment for dinner the plaintiff was practically at liberty on informal bail given by Mr. Curtis. An adjournment to Monday was necessary. The constable took the plaintiff to the village lock-up, where he remained, as he *523says, an bour, as tbe constable says, fifteen minutes,…
2Cases cited7 opinions
- Lange v. . BenedictNew York Court of Appeals · 1878
- Sill v. . the Village of CorningNew York Court of Appeals · 1857
- Geraty v. . ReidNew York Court of Appeals · 1879
- Harman v. BrothersonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Stewart v. HawleyNew York Supreme Court · 1839
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