Reports of Cases Volume 26

Reports of Cases Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...the arrest in such a case without a warrant, and that the Town would t erefore be liable for the act of the liceman in so arresting a person. 2. That the E;-law having authorized policemen to arrest persons drunk upon the streets, necessarily ave them authority to determine whether a. person arrested on that groun was drunk; and if they made the arrest, bona fidc believing that fact, the Town Council would be liable; but 3. (PALMER, J., dissenting), the jury having found that the plaintiff was not drunk or disorderly, and that the policeman was actuated by malice in making the arrest, the defendants were not liable for his act, the inference from such finding bein that he did not bona _/Ede believe in the existence of the facts which woul authorize an arrest under the by-law. This was an action for false imprisonment, tried before His Honor Mr. Justice KING at the Charlotte Circuit in May, 1884: . The facts are fully referred to in the judgments. Verdict for the plaintiff' for $500. October 15, 1884: . Stevens moved for a. nonsuit, or, failing that for a. new trial. The defendants having made by-laws regulating the duties of their police officers, they are not liable for the acts of such officers when done ma.liciously, and not in the discharge of their duties. The evidence of the plaintiff was that he was not doing anything in violation of the by-law, and that the policeman who arrested him acted through malice; and the jury so found. While the relation of master and servant may ordinarily exist between the Town Corporation and its police officers while acting as such in the discharge of their duties, it does 1387 not exist where it is shewn that the oflicers acted through Mam malice. The mere fact that an act is done by an more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • United States
  • English
  • black & white illustrations
  • 123690284X
  • 9781236902849