McIntyre v. Raduns
The Superior Court of New York City
Appeal from judgment and from order denying motion for a new trial. The action was for false imprisonment. The complaint charged that the defendant, being a member of the police force of the city, maliciously and illegally compelled the plaintiff, against his will, to go with him to a police station-house, &c.
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Appeal from judgment and from order denying motion for a new trial. The action was for false imprisonment. The complaint charged that the defendant, being a member of the police force of the city, maliciously and illegally compelled the plaintiff, against his will, to go with him to a police station-house, &c. The answer alleged, that at the time, &c., the plaintiff was acting in a loud, disorderly manner at night, in the public street, and. was guilty of conduct tending to a breach of the public peace and quiet; and upon the defendant’s requesting the plaintiff to cease therefrom, the…
1Opinion of the Court
By the Court.—Sedgwick, J.
The defendant’s counsel, upon the trial, requested the judge to charge the jury that the arrest was legal, under the facts and circumstances as stated by the defendant. ' The learned judge was not of this opinion, and refused so to charge.
The defendant had testified that near the corner of Mulberry and Mott streets, after midnight, he saw the plaintiff in company with a lady, coming up the street very load and noisy, dragging her by the arm along the street; that he went to plaintiff, tapped him on the shoulder, ordered him to be quiet, telling him that it was not a…
2Cited by1 opinion
- Lewis v. KahnNew York Court of Common Pleas · 1889