Gisske

Action for false imprisonment. Trial by the court without a jury. Findings and judgment for plaintiff. Defendant appeals therefrom, and from an order denying a new trial.

The primary question for determination upon this appeal is whether or not there is any evidence in the record to support the finding that plaintiff was in fact unlawfully restrained of his liberty by defendant. The uncontradicted evi dence is, that shortly before September 24, 1906, both a burglary and a highway robbery had been committed in the vicinity of Figueroa street and Sunset boulevard, in the city of Los Angeles; that on that date, about 11 o’clock P. M., defendant, a regular police officer, was notified that a suspicious character was in that vicinity, and was directed to repair to that point and investigate, which he did, and there found plaintiff, who was quietly walking along the street on his way home from a public entertainment. Defendant, who was in uniform and known by the plaintiff to be an officer, accosted plaintiff with an inquiry as to where he was going and where he lived, which questions plaintiff answered, and, in addition, questioned the right of the officer to make such inquiry. The…