Standard Oil Co. v. Davis

The ninth count of the complaint, upon which alone the case went to the jury, was not subject to any of the grounds of demurrer. A wrongful arrest or detention is unlawful, and constitutes a false imprisonment. Hotel Tutwiler Co. v. Evans (Ala. Sup.) 94 South. 120, 1 citing C. of G. Ry. Co. v. Carlock, 196 Ala. 659, 72 South. 261; Strain v. Irwin, 195 Ala. 414, 70 South. 734.

The arrest in this case was made by the chief of police of Bessemer, and the main issue of fact was whether or not one Benton, defendant’s local agent, participated in the arrest in such wise as to impose liability upon…