Kalish

This is an action for damages for false imprisonment, brought by the plaintiff against D. A. White, chief of the police department of San Francisco, and William Minehan, a detective sergeant in the department.

Upon plaintiff resting his case a motion for a nonsuit as to defendant White was granted, and at the conclusion of the testimony of both sides the court of its own motion instructed the jury to return a verdict for defendant Minehan, which the jury did. This is an appeal by plaintiff from the judgment entered on the instructed verdict.

The circumstances of the plaintiff’s arrest and imprisonment were as follows: One Samuel Kalish, a person other than plaintiff, had embezzled the sum of eight hundred dollars belonging to one Mrs. Lydia McCarthy, and shortly thereafter disappeared, whereupon Mrs. McCarthy reported the matter to the police department of San Francisco, with the result that a warrant was issued for the arrest of the offender. About ten months prior to the embezzlement Minehan had known the plaintiff in San Francisco, and the execution of the process was placed in his hands. He made a diligent search for the plaintiff, and learned that he had recently vacated…