Smith v. Lott

KEETON, Justice.

Plaintiff, appellant, seeks to recover general and special damages from respondent C. N. Lott, 'because of a claimed unlawful arrest on the night of July 14, 1951.

The amended complaint alleged that defendant Lott was an appointed, authorized and acting state highway patrolman of Idaho; on July 14, 1951, in the night time, he arrested the plaintiff without any warrant for an alleged traffic violation; refused to explain to plaintiff of what traffic violation he was alleged to be guilty; that plaintiff submitted to the arrest without resistance, and that Lott committed battery…