Friday, December 27, 2013

Burlington Transp. Co. v. Josephson case brief

Burlington Transp. Co. v. Josephson case brief summary
153 F.2d 372 (1946)

CASE SYNOPSIS
Defendants appealed a United States District Court directed verdict in favor of plaintiff for his claims of false arrest and false imprisonment and a jury verdict in favor of the plaintiff for damages on his claims.

CASE FACTS
Defendants, a transportation company and its superintendent, appealed a directed verdict for plaintiff for false arrest and false imprisonment and a jury verdict in favor of plaintiff for damages. Appellate court held that the complaint did not allege and the proof failed to show defendants in any way participated in plaintiff's arrest or detention.

DISCUSSION

  • The court reversed the grant of a directed verdict and remanded for a new trial. 
  • The court held trial court also erred in rulings regarding the claim for and measure of damages. 
  • In this case, the only damages claimed were general compensatory damages--damages that were the natural and necessary consequence of the false arrest and false imprisonment, such as humiliation, embarrassment, and the cost incident to obtaining a release from prison. 
  • Plaintiff failed to show that the special circumstances gave rise to special damages--those damages that were the natural, but not necessary, consequence of the act complained.

CONCLUSION
Directed verdict in favor of plaintiff reversed and remanded because complaint did not allege and proof failed to show defendants participated in plaintiff's arrest or detention. Jury verdict in favor of plaintiff on issue of damages reversed because plaintiff failed to show that special circumstances gave rise to special damages.


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