Taaffe v. Kyne
Missouri Court of Appeals
Appeal from the St Louis Circuit Court, Wickham, J. The arrest was made by an officer while the plaintiff was engaged in the commission of an unlawful act. —Burns v. Brben, 40 N. Y. 463; Lark v. Bande, 4 Mo. App. 186; Wag. Stats. 462, sect. 56 ; p. 496, sect. 27. The arrest was justifiable. — Henry y'. Lowell, 16 Barb. 268. In an action in trespass for false imprisonment, it is not necessary to prove either malice or want of probable cause. — 2 Add. on Torts, 731.
1Opinion of the Court
Hayden J,,
delivered the opinion of the court.
If, as the plaintiff contends, the present is an action for false imprisonment and not for malicious prosecution, the petition should have averred that the arrest was without process, or otherwise have alleged that it was unlawful. There is nothing in the pleadings to show that this is trespass for unlawful arrest and detention, and the case was evidently not tried on that theory. Independently of this, however, the judgment must be reversed, as, upon her own evidence, the plaintiff should have been nonsuited.
The plaintiff and one Miss McGrann…
2Cases cited3 opinions
- Burns v. . ErbenNew York Court of Appeals · 1869
- Lark v. BandeMissouri Court of Appeals · 1877
- Taylor v. StrongNew York Supreme Court · 1829
3Cited by3 opinions
- Wehmeyer v. MulvihillMissouri Court of Appeals · 1910
- State v. WhiteSupreme Court of Rhode Island · 1894
- Hanser v. BieberSupreme Court of Missouri · 1917