149 Mich. 200 | Mich. | 1907
(after stating the facts). 1, The court in his charge said to the jury that it was clearly proven that the saloon from which the plaintiff came at midnight was a disorderly one. The fact so stated is not denied. The court instructed the jury that, if the defendant’s statement as to what happened between him and plaintiff was correct, he was justified under the law in taking the plaintiff to police headquarters for examination by the lieutenant in charge. This presents the principal question in the case. It is the contention of counsel for the plaintiff that her arrest was unlawful because it was without a complaint or warrant, and she was not suspected of having committed a felony, neither was she engaged in commit-
“It was my duty to go to this saloon every evening when I was on the beat nights, because it was disorderly,
If the police department would, by complaints and arrests, enforce the law closing this saloon and others, as the law requires, it would much more effectually prevent disorder than the arrest of parties quietly walking the streets and apparently engaged in no criminal conduct. The better way “to put such places in good running order ” is to compel obedience to the law which governs them. It follows that the arrest was unlawful, and the court should have so instructed the jury.
2. All circumstances which tended to show the good faith of the defendant were admissible in mitigation of damages. It was therefore competent to. show the instruction of the defendant’s superior officers in dealing with persons found upon the streets under circumstances in which the plaintiff was found.
Judgment reversed, and new trial ordered.