DARDEN v. L. & N. RD. CO.

No. 36105.

171 Ohio St. 63 (1960)

DARDEN, APPELLEE, v. LOUISVILLE & NASHVILLE RD. CO., APPELLANT.

Supreme Court of Ohio.

Decided June 1, 1960.


Attorney(s) appearing for the Case

Mr. Gurdon W. Wilson and Messrs. Hopkins & Hopkins, for appellee.

Messrs. Dinsmore, Shohl, Dinsmore & Todd, Mr. James O. Coates, Mr. Harris K. Weston and Mr. John G. Tomlin, for appellant.


Per Curiam.

The jury's ignoring of the false imprisonment count was in effect a verdict for defendant on that count and necessarily determined that the arresting police officers were acting in their official capacity in representing the state in making the arrest, and that the arrest was lawful, since only police officers can arrest for a misdemeanor without a warrant. The fact that the police officers were acting in the interest of their employer, the defendant...

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