Rife v. D.T. Corner, Inc.

CADY, Justice.

The fighting issue presented in this action for assault and battery and false imprisonment is whether a citizen’s arrest perfected by numerous persons acting in concert can be lawful when there is no evidence that the person who first made the arrest observed the commission of a public offense. The district court overruled the plaintiffs motion for directed verdict and motion for judgment notwithstanding the verdict following a jury verdict for the defendants. We transferred the case to the court of appeals. It reversed the district court judgment, and ordered a new trial on the…