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29 F. Cas. 412

Waters v. Campbell

U.S. District Court

Decided September 3, 1877

U.S. District Court · decided 1877-09-03

This action was brought to recover damages for the alleged false imprisonment of the plaintiff [Hugh Waters] by the defendant [James B. Campbell] in Alaska, for the period of one hundred… Held: after able argument and full consideration of the premises, that the defendant, who had arrested the plaintiff upon a similar charge and detained him more than five days before removal, because he had no sufficient means wherewith to do otherwise, was liable for false imprisonment.

Decided 1877-09-03

FIELD, Circuit Justice.

¶1We think there ■was no error in the charge of the court, and that the law of the case was delivered to the jury correctly. But we think the damages found by the jury excessive, and there must be a new trial on that ground, unless the plaintiff consents to remit one thousand five hundred dollars of the verdict.

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