195 F. 31 | 6th Cir. | 1912
The plaintiff sued to recover damages for alleged false imprisonment; the charge being, in substance, that at the instigation of defendant Thompson (a physician residing at St. Clair, Mich.) plaintiff was on October 27, 1905, unlawfully taken into custody by defendant Moore (then sheriff of St. Clair county), through the latter’s deputies, and on the following day taken to London, Ontario, and there delivered into the custody of the officers of the London Insane Asylum, where she was detained until December 25th following.
This action was begun November 22, 1907. At the conclusion of the evidence the court directed verdict for defendants, on the ground that the action was barred by the statute of limitations (C. Li Mich. 1897, § 9729), which requires actions for false imprisonment to be begun within two years after the cause of action accrues. If this direction was right, the judgment must be affirmed.
Defendants insist that the record affirmatively and conclusively shows that plaintiff was never imprisoned by defendants, and that, in any event, the imprisonment ended on the morning of October 28th, after which, as defendants allege, plaintiff went voluntarily to London, although accompanied by the sheriff’s deputy. But we think there was evidence tending to sustain the alleged imprisonment of the plaintiff on October 27th, and that it would have been open to the jury to find that plaintiff was in defendants’ custody during the trip to London, and mitil she was taken in charge at that place by the asylum authorities.
“There was not a time from the date of [plaintiff’s! arrest in St. Clair to the time of her liberation from the London Asylum that she was not under the charge, direction, and control of the defendants.”
There is nothing in the record to sustain this contention, as a proposition of fact. On the contrary, the record effectually negatives the existence of any charge, direction, or control, in fact, on the part of defendants over the plaintiff, from the time she entered the asylum on October 28th. But, as defendants might be liable for an unlawful detention of plaintiff on the part of the asylum authorities, directly resulting from an unlawful arrest by defendants, the question remains whether it sufficiently appears that such subsequent restraint by the asylum authorities was lawful. We think plaintiff’s own testimony (and none was introduced by defendants) presumptively indicates .the lawfulness of such subsequent restraint by the asylum authorities.
The judgment of the Circuit Court is accordingly affirmed, with costs.