Burrow v. Southern Railway Co.

1. On the trial of an action for alleged unlawful search of the plaintiff’s dwelling, illegal arrest, false imprisonment, and assault and battery, after instructing the jury to the effect that if the plaintiff did not consent for his house to be searched, and both the defendants participated in the search—there being no contention that they had a search warrant, the jury would be authorized to find for the plaintiff such a sum as would compensate him for an unlawful search, it was reversible error for the judge to add to such instruction the following: “that is, provided you find that the…