Peterson v. New York Consolidated Railroad — 230 N.Y. 566

Majority

p. 566

George T. Peterson, Respondent, v. New York Consolidated Railroad Company, Appellant.

Headnote

False imprisonment — pleading —• evidence ■—■ justification may not be proved under general denial.

Peterson v. N. Y. Consolidated R. R. Co., 186 App. Div. 965 , affirmed.

(Argued November 23, 1920;

decided December 7, 1920.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 27, 1918, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was for false arrest and imprisonment, assault and malicious prosecution. The answer was' a general denial. Upon the trial defendant sought to prove justification. The evidence offered was rejected on the ground that the issue was not raised by the answer.

Harold L. Warner and George D. Yeomans for appellant.

Thomas W. Maires for respondent.

p. 567

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Hogan, McLaughlin, Crane and Andrews, JJ.