J. J. Newberry Co. v. Smith

BOULDIN, Justice.

Action in damages for false imprisonment and assault and battery.

Among the questions'for review is whether defendant, appellant here, was due the affirmative charge.

The evidence for plaintiff tended to show: Prior to the opening day of J. J. Newberry Store in the city of Birmingham, August 20, 1931, Mr. Newton, manager and alter ego of defendant in the matters here involved; applied at the police office of the city for uniformed policemen to be present and police the store during said day, for the purpose, among other things, of protecting the stock of merchandise from…