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· 12/10/1920

Meyers v. Tygh

Citations

  • 75 Pa. Super. 271
  • 1920 Pa. Super. LEXIS 263

Syllabus

<p>Trespass — False arrest — Binding instructions — Yerdict—Reduction of verdict — Remittitur.</p> <p>In an action for trespass to recover damages for false arrest, a verdict for tbe plaintiff is properly directed where it appears that the defendant arrested the plaintiff for impersonating an officer, without a warrant, and gave as his reason that the plaintiff was about to be assaulted, and he made the arrest in order to prevent a breach of the peace.</p> <p>Where the court has made an order granting a new trial unless the plaintiff filed a remittitur reducing the verdict, and the latter filed an unconditional remittitur of part of the verdict, he is concluded thereby, and judgment cannot be entered on the original amount of the verdict as rendered.</p>

Judges: Head, Henderson, Keller, Linn, Orlady, Porter, Trexler

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