Warfield

Warfield v. Krueger

Good Law
1929 Cal. App. LEXIS 915·96 Cal. App. 671·274 P. 764
Court of Appeal of CaliforniaFebruary 8, 1929Docket No. 6534.California872 words

Opinion

Lead Opinion

Tyler, J.

Action for damages for assault, malicious prosecution, and false imprisonment. Plaintiff appears in propria persona. By a third amended complaint he charged, under various counts, that defendant, a police officer, arrested him on several occasions, and that said arrests were made maliciously and without probable cause. He also alleged that at the time of making one of the arrests, defendant struck him. on the arm. Actual and exemplary damages were prayed for. Defendant denied all the allegations of the complaint. It appeared at the trial, which was had by jury, that plaintiff was in the habit of addressing the public on a certain street corner, he having at some time secured a permit from a police officer so to do, on condition that he would not violate the laws of the state or the United States. Plaintiff testified as to the arrests and the manner in which they were made. Defendant on his behalf testified that he bore no malice toward plaintiff but had in taking him into custody on different occasions acted simply in the performance of his duties and under the instructions of his commanding officer that he was not to permit disturbances of the peace or the blockading of the…

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