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CANNON v. KRAKOWITCH

54 N.J. Super. 93 (1959)

148 A.2d 213

JOHN J. CANNON, PLAINTIFF-APPELLANT, v. IRVING L. KRAKOWITCH, GEORGE CLAYTON, JR., AND E.R. WILLIAMS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Re-Argued December 22, 1958.

Decided February 3, 1959.

Attorney(s) appearing for the Case

Mr. Ralph S. Heuser argued the cause for appellant (Messrs. Heuser, Heuser & DeMaio, attorneys).

Mr. Samuel Carotenuto argued the cause for respondents (Messrs. Applegate, Reussille, Cornwell & Hartman, of counsel; Messrs. Wise, Wise & Wichmann, attorneys).

Mr. Theodore I. Botter, Deputy Attorney General, argued the cause amicus curiae (Mr. David D. Furman, Attorney General).

Before Judges GOLDMANN, CONFORD and HANEMAN.

The opinion of the court was delivered by HANEMAN, J.A.D.

This is a civil action for damages arising from an alleged false imprisonment. Defendants are members of the police department of the Borough of Red Bank; Clayton is a patrolman, Williams a uniformed sergeant, and Krakowitch a detective-sergeant. The trial court, at the close of plaintiff's case, granted a motion for dismissal of the action as to Williams. The...

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