WHITTAKER V. SANDFORD
Sup. Jud. Ct of Maine, 110 Me 77, 85 A. 399 (1912).
NATURE OF THE CASE: This was a suit to recover damages for false imprisonment and an
appeal from a denial of a motion for a new trial.
FACTS: Whittaker (P) and Sandford (D) agreed that P would travel on D's yacht across the
Atlantic. Because of D's religious efforts to reconvert P back to his faith, D agreed that
he would not attempt to detain P on board for any purpose. When they arrived back to the
United States, D refused to furnish a boat to P and thus detained P on his yacht for over a
month and tried to convert P to his faith. P was not allowed to leave the yacht
unaccompanied when she was allowed to go ashore. P sued for false imprisonment. The jury
gave the verdict to P. D appealed from an order denying his motion for a new trial based on
the court's instructions. The court had instructed the jury that P must show actual physical
restraint but that there need not be actual physical force used upon P herself.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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