Opinion
[No. 14, April Term, 1933.]
Decided May 25th, 1933.
False Arrest — Probable Cause — Instruction.
In an action against a steamboat company for false arrest, held that it was a question for the jury, whether plaintiff, while on defendant's excursion boat, was guilty of disorderly conduct furnishing probable cause for his arrest.
In such a case, it was proper to give an instruction which took as one hypothesis of fact, on which a verdict for plaintiff might be based, that plaintiff behaved in an orderly manner, and then also required the jury to find, as a basis for their verdict, that the circumstances were not such as to have led a reasonable man to believe plaintiff guilty, and stated that, if both these facts were true, there was no probably cause for the arrest.
Decided May 25th, 1933.
Appeal from the Court of Common Pleas of Baltimore City (STANTON, J.).
Action by Herbert C. Brown against the Wilson Line, Incorporated. From a judgment for plaintiff, defendant appeals. Affirmed.
The cause was argued before BOND, C.J., PATTISON, URNER, ADKINS, OFFUTT, DIGGES, PARKE, and SLOAN, JJ.
Wirt A. Duvall, Jr., with whom was Philip B. Perlman on the brief, for the appellant.
Weinberg Sweeten, submitting on brief, for the appellee.
Unreported Cases.