JENSEN v. BARNETT

No. 35844.

134 N.W.2d 53 (1965)

178 Neb. 429

James JENSEN, Appellee, v. Dodd BARNETT, Betty Jane Barnett, Tom Dutch, d/b/a Duchess Hotel, Appellants, Impleaded with Jake Ebert, Appellee.

Supreme Court of Nebraska.

March 12, 1965.


Attorney(s) appearing for the Case

Donald H. Kelley, Merritt E. James, North Platte, for appellants.

McGinley, Lane, Mueller & Shanahan, Ogallala, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.


SMITH, Justice.

A hotel guest was lodged behind bars. False arrest and imprisonment by the hotelkeepers and damages of $2,500 were conclusions of a jury.

Errors assigned and discussed by defendants relate to sufficiency of the evidence. In their view these propositions are correct: (1) The arrest was made by a chief of police in the exercise of his independent judgment and not upon the persuasion of defendants; and (2) the verdict is excessive.

The...

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