The appeal presents .this question of law: Was the evidence offered at the trial, when considered in the light mоst favorable to the plaintiff, sufficient to. permit the jury to find the defendants *569 either actually or -by procurement caused the plaintiff to be falsely imprisoned and falsely accused of shoplifting as a result of which she sustained 'damages? In addition to the general denial, .the defendants by amendment to the answer pleaded that more than six .months elapsed after the 'action accrued and before it was instituted.
The evidence disclosed that the сorporate defendant operated in the City of Wilson a self-service variety store. Merchandise was disрlayed on counters from which customers were permitted to make .their selections to be paid for on their way out. The indivdual defendants were agents and servants of the 'corporate defendant and were in charge of its store.
The plaintiff testified that on September 3, 1960, she returned to the defendant’s store 'certain .articles previously purchased Which she sought to 'exchange for more appropriate sizes. While so engaged, thе individual defendants, acting for the corporatiion, charged her with shoplifting; that notwithstanding her complete innocence of the charge, the 'defendant Morphis ordered her to “come over here with me . . . you know what fоr . . . He told her (Mrs. Baker, another employee) to call the police . . . We stood at the end of the cоunter waiting until the policeman came ... We met the policeman about middieiway the aifele and we went intо this little room. . . . one of -the policemen asked Mr. Morphis if he wanted to sign papers and he said yes. Mr. Morphis tоld one of the policemen that he saw me when I came down with .a bag 'and he knew what the bag was for. That . . . was bеfore Mr. Morphis said he wanted to sign papers. . . . Mr. Meares (another employee) . . . came in (a little room adjacent to 'the display counters) and he said he knew what it was about and what I was in there for and to go ahеad and sign the papers. ... I was taken over to the police station by Mr. Tant (police officer) . . . When I got to the police station, I went to the desk and gave them my name and address'. . . . After I answered the questions, I was told that I could go back to a little room and wait there. I 'had called my daddy . . . (He) signed my bond .and I wa;s released.”
Immediately an 'affidavit sworn to by defendant Morphis was filed in the recorder’s court. Based thereon a warrant for the plaintiff’s аrrest was issued charging her with the 'crime of shoplifting. If the plaintiff was under unlawful arrest, not only the individual defendants but their principal, the 'corporation itself, may be held civilly liable.
Kelly v. Shoe Co.,
However, defendants stressfiully contend the plaintiff was not undеr ■.arrest; that no force was exerted; that she was not at my time restrained ; that she remained in the store until after thе officers appear *570 -ed, accompanied them to the ©mall room -adjacent to' toe cоunters, and later to toe police station entirely of her own free will.
From toe foregoing circumstancеs, may not the jury, however, infer that the defendants', backed up by toe presence and participation оf two police officers whom they had- called, induced toe plaintiff to' consider herself under restraint 'and tо believe that any move or attempt on her part to leave the scene would niot'be allowed? Two1 оf the store’s employees, -in toe presence of police officers, 'accused toe plаintiff of larceny. Upon receiving 'assurances the accusers would sign the necessary paper’s, the officers and toe accusers conducted toe plaintiff to- police headquarters where she was charged and released only after she gave 'bond. A jury may find' that she was justified in assuming sire was under involuntary restraint. It may further find toe restraint was unlawful.
Under toe decisions of toi© Gaunt, restraint must be consented to or it must be lawful. Galling a .policeman to assist does not legalize 'an unlawful restraint.
Long v. Eagle Stores,
The plaintiff testifiеd, -an-d offered supporting evidence tending to corroborate her, that she w-ais innocent of any wrongdoing. Thе evidence, in the light most -favorable to her, -entitles her to- h-ave the jury reso-lve toe issues raised by toe pleadings. This disposition leaves the plea-o-f toe- -statute -of limitations unadjudica-ted.
Reversed.