Legal Opinion

Petit v. Colmery

Superior Court of Delaware

Decided February 18, 1903No. 184PublishedCited by 13 opinions

Action of Trespass on the case for damages for false imprisonment.

1Opinion of the Court

Boyce, J.,

charging the jury :

Gentlemen of the jury :—This is an action of trespass, brought to recover damages for an alleged false imprisonment of the plaintiff by the defendant.

False imprisonment is an unlawful arrest and detention of the person of another, either with or without a warrant of arrest. It *268consists in an unlawful restraint upon a man’s person or control over the freedom of his movements, by force or threats, and every such restraint or confinement is unlawful where it is not authorized by law. The actual detention of the person and the unlawfulness thereof constitute the…

2Cited by13 opinions

  1. Jardel Co., Inc. v. HughesSupreme Court of Delaware · 1987
  2. United States of America Ex Rel. Rudolph Boyance v. David N. Myers, SuperintendentCourt of Appeals for the Third Circuit · 1968
  3. United States v. LiebrichDistrict Court, M.D. Pennsylvania · 1932
  4. Lloyd v. JeffersonDistrict Court, D. Delaware · 1999
  5. Schulz v. LambCourt of Appeals for the Ninth Circuit · 1978

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