COBLYN V KENNEDY INC CASE BRIEF TRIAL

Supreme Judicial Court of Massachusetts, Suffolk. Kaplan, Boston (Julian Soshnick, Boston, with him) for plaintiff.īefore TAURO, C.J., and SPALDING, SPIEGEL, REARDON and BRAUCHER, JJ. 319, 268 N.E.2d 860 (1971) Rule: The law is well settled that any general restraint is sufficient to constitute an imprisonment and any demonstration of physical power which, to all appearances, can be avoided only by submission, operates as effectually to constitute an imprisonment, if submitted to, as if any amount of force had been exercised. This is an action of tort for false imprisonment. 1 At the close of the evidence the defendants filed a motion for directed verdicts which was denied. The jury returned verdicts for the plaintiff in the sum of $12,500.

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COBLYN V KENNEDY INC CASE BRIEF TRIAL

The case is here on the defendants' exceptions to the denial of their motion and to the refusal of the trial judge to give certain requested instructions to the jury. Ls mody11, Barashie, Prix dun 2.55 chanel, Active money solutions ltd. We state the pertinent evidence most favorable to the plaintiff. On March 5, 1965, the plaintiff went to Kennedy's, Inc. He was seventy years of age and about five feet four inches in height. He was wearing a woolen shirt, which was 'open at the neck,' a topcoat and a hat. '(A)round his neck' he wore an ascot which he had 'purchased * * * previously at Filenes.' He proceeded to the second floor of Kennedy's to purchase a sport coat. He removed his hat, topcoat and ascot, putting the ascot in his pocket. After purchasing a sport coat and leaving it for alterations, he put on his hat and coat and walked downstairs. Plaintiff customer brought an action against defendant store for false imprisonment, after suffering a heart attack shortly after being stopped by a store. Just prior to exiting through the outside door of the store, he stopped, took the ascot out of his pocket, put it around his neck, and knotted it.

We recognize that our decisions, how we reach them, and how people are treated when. The knot was visible 'above the lapels of his shirt.' The only stop that the plaintiff made on the first floor was immediately in front of the exit in order to put on his ascot. As the highest court in the State of Washington, the mission of our court is to uphold the constitution and when called upon through cases, interpret laws passed by the legislature and enforced by the executive branches of government. With over 20 years experience supporting students and young adults through their transitional years, Kelli has an engaging approach to student and leadership development, nimble enough to meet the. The standard is reasonable: Grounds are reasonable when there is a basis which they would appear to the reasonably prudent, cautious, intelligent person for.

Coblyn v kennedy inc case brief