Mitchell v. O'Hara

Appellate Terms of the Supreme Court of New York

Mitchell v. O'Hara

165 Misc. 630, 1 N.Y.S.2d 20, 1937 N.Y. Misc. LEXIS 1037

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 8, 1937

StatusPublished

Cited by2 cases

This text of 165 Misc. 630 (Mitchell v. O'Hara) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mitchell v. O'Hara, 165 Misc. 630, 1 N.Y.S.2d 20, 1937 N.Y. Misc. LEXIS 1037 (N.Y. Ct. App. 1937).

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Opinion

Per Curiam.

It was error to submit the false arrest cause of action to the jury. It is conceded that the defendant was assaulted, and thereafter he reported the matter to the police authorities, who, acting on their own responsibility, arrested the plaintiff. Defendant may be liable for malicious prosecution, but he cannot be sued for false arrest. The case having been submitted to the jury on both causes of action, it is impossible to determine upon which the verdict is founded. There must be a reversal if either theory is unsupported by adequate evidence.

Judgment reversed and new trial ordered, with costs to appellant to abide the event.

All concur. Present — Lydon, Levy and Hammer, JJ.

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Per Curiam.

It was error to submit the false arrest cause of action to the jury. It is conceded that the defendant was assaulted, and thereafter he reported the matter to the police authorities, who, acting on their own responsibility, arrested the plaintiff. Defendant may be liable for malicious prosecution, but he cannot be sued for false arrest. The case having been submitted to the jury on both causes of action, it is impossible to determine upon which the verdict is founded. There must be a reversal if either theory is unsupported by adequate evidence.

Judgment reversed and new trial ordered, with costs to appellant to abide the event.

All concur. Present — Lydon, Levy and Hammer, JJ.

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Bluebook (online)

165 Misc. 630, 1 N.Y.S.2d 20, 1937 N.Y. Misc. LEXIS 1037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-ohara-nyappterm-1937.

Opinion

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