Cleven v. Interborough Rapid Transit Co.

The defendant moves to set aside the verdict on the ground of newly-discovered evidence. The action is for false arrest and malicious prosecution, plaintiff charging that he was unlawfully arrested and maliciously prosecuted for having inserted a tinfoil slug instead of a nickel in defendant’s turnstile coin device at its Grand Central subway station.

Though held by the magistrate, the plaintiff was discharged by the Court of Special Sessions.

*595Originally the complaint alleged that at the time of the arrest the plaintiff was unemployed, and that his arrest and imprisonment prevented his…