New York, Philadelphia & Norfolk Railroad v. Waldron

Citations

• 116 Md. 441

Syllabus

<p>Witnesses: arrest and holding of — -. False arrest and imprisonment; assault and battery. Railroad conductors: duty to passengers; liability of railroads. Court of Appeals: points considered by. Judgments: interest.</p> <p>False arrest is a wrong in the nature of assault and battery, and consists of imposing by force or threat an unlawful restraint upon a man’s .freedom of locomotion. p. 448</p> <p>The right and power to imprison witnesses who fail to furnish security for their appearance to testify against a person accused of crime, referred in section 13 of Article 35 of the Code of Public General Laws, relates only to commitments by magistrates. p. 450</p> <p>A conductor on a railroad has no right to arrest or cause a passenger to be arrested and committed as a witness, in order to secure his attendance at the trial of an accused party. p. 454</p> <p>For such an act the railroad company is responsible, even though the conductor had not been authorized to make the arrest by the defendant company. p. 452</p> <p>False imprisonment constitutes a form of personal indignity and insult. p. 453</p> <p>The Court of Appeals, in deciding appeals from courts of law, will decide no point which does not appear by the record to have been raised and decided by the Court below. p. 454</p> <p>Quaere: Whether interest should be allowed from the date of a verdict, or from the rendition of the judgment. p. 454</p>