BURLINGTON TRANSP. CO. V. JOSEPHSON
153 F.2d 372 (8th Cir. 1946)
NATURE OF THE CASE: This was a suit for false arrest.
FACTS: Josephson (P) sued Burlington (D) for false arrest and obtained a jury verdict of
$19,500 with costs of $44.50. P alleged that he was damaged in character, good name and
reputation, and that he was compelled to pay attorney fees and costs in order to obtain his
release and that he suffered a large consequent loss of $100,000. During trial P testified
that he had to pay $500 for attorney fees and costs from the arrest and that because of his
delay in returning to New York he sustained losses in the cost of remodeling a building
which he had purchased. D appealed the verdict on the grounds that the damages from the
building are special damages and not general damages and that the recovery of those were
precluded because they were not plead and because they were speculative.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment