155 P. 1113 | Mont. | 1916
delivered the opinion of the court.
Aetion for damages for false imprisonment. The plaintiff had verdict and judgment for $100. The defendant has appealed from the judgment and an order denying Ms motion for a'new trial.
Counsel assail the integrity of the judgment on the grounds that the complaint does not state facts sufficient to constitute a cause of aetion, that the evidence does not justify the verdict, and that prejudicial error was committed by the court in sub
About 3 o ’clock on the morning of August 31, 1913, the plaintiff, who was employed as an engine oiler at the Grey Rock mine in Butte, was on his way from the mine, where he had been at work during the night, to his home in the southern part of the city. As he was passing down Main street he was arrested by the defendant, a police officer, searched, taken to the city jail, and there detained until about noon on the following day, when he was released on hail. A charge of vagrancy was lodged against him. Two days later, after a trial by the police magistrate, he was acquitted. After reciting these facts, the complaint alleges that at the time of the arrest the defendant had no knowledge that any crime had been committed by the plaintiff, and no reason or cause to believe that any crime had been committed by him, and that the act of the defendant was without authority of law or probable cause, and willful, oppressive and malicious. The defendant admits the arrest and alleges in justification that he made it as a police officer, in company with one Powell, another officer, upon information by one of several persons who were collected on Main street, that the plaintiff had drawn a loaded revolver and threatened to shoot the informant, and that plaintiff then had the revolver concealed about his person. He alleges in detail the circumstances of the arrest, charging the plaintiff with first attempting to escape, and then with an insolent refusal upon being questioned to give any information as to his name, residence or employment. He further alleges that he made the arrest verily believing the information given to him by his informant. The reply denies all the averments in justification, except that defendant was a police officer.
1. The complaint is ambiguous in its statements, rendering it somewhat doubtful whether the pleader intended to state- a
■ 2. It is contended that the court erred in submitting to the
Counsel for defendant devote most of their brief to the
3. It is insisted that the averments in justification of the arrest were supported by the uncontradicted evidence of the defendant and Powell, and hence that the court erred in refusing to direct a verdict for the defendant. There is no merit
The judgment and order are affirmed.
Affirmed.