Korkman

This is an appeal by the defendant from a judgment against it for fifteen hundred dollars for arrest and false imprisonment of the plaintiff. The plaintiff alleged that on May 8, 1918, the defendant, by and through its agent and servant, D. J. Hanlon, its president, at the place of business of the defendant corporation, caused the plaintiff to be arrested without warrant; that at the instigation and request of defendant, through its said agent, plaintiff was taken to the city prison of Oakland and there imprisoned without warrant and without any charge being made against him; that he was restrained of his liberty for • twenty-five hours and was then released without any charge being made against him and without any hearing before any court or magistrate. Plaintiff then alleged that said arrest and imprisonment were malicious and without probable cause.

Defendant denied the allegations of the complaint and as a separate defense set up that D. J. Hanlon, the president of the defendant corporation, was at all the times mentioned a duly appointed and acting deputy sheriff of the county of Alameda, and that said D. J. Hanlon made the arrest of plaintiff, as such peace officer, for…