Sloan v. Schomaker

Citations

• 136 Pa. 382
• 27 W.N.C. 10
• 20 A. 525
• 1890 Pa. LEXIS 1037

Syllabus

<p>(a) In an action for false imprisonment and malicious prosecution, the plaintiff’s testimony showed that he went with his father to the defendants’ store, to complain of an alleged insult to his mother a few days previously, and in a violent manner remarked that he would like to thrash the man who insulted her.</p> <p>(b) The defendants, having twice ordered the plaintiff and his father to leave the store, sent for an officer and told him to arrest them. The officer took them before a magistrate on a charge of “ breach of the peace in using threats and inciting to riot.” They were committed for trial, but afterwards discharged on habeas corpus:</p> <p>1. The plaintiff’s own case showing that he was in the wrong, that when arrested he had no intention of obeying the order to leave the store, and that the substantial charge, to wit, the breach of the peace, was true, he was not entitled to recover either for false imprisonment or malicious prosecution.</p> <p>2. Whether to a declaration charging false imprisonment and assault and battery, an amended statement of claim may be filed, under the act of May 25, 1887, P. L. 271, charging, additionally, that the defendants falsely and maliciously and without probable cause directed and procured the arrest of the plaintiff, not considered.</p>