An action for false imprisonment will not lie against a man for fastening one of two doors in a room in which A. is, though A. cannot go through the other without trespassing.
A. has a chamber adjoining to the chamber of B. and has a door that opens into it,by which there is a pasage to go out; and A. has another door, which C. stops, so that A. cannot go out by that. This is no imprisonment of A. by C. because A. may go out by the door in the chamber of B. though he be a trespasser by doing it. But A. may have s special action upon his case against C. Ruled by Holt Chief Justice, in evidence at a trial at the Summer Assizes at Lincoln 1699, in an action of false imprisonment. And the plaintiff was nonsuit.
Judges:
Holt Cj
Citations:
[1699] EngR 2895, (1699) 1 Ld Raym 739, (1699) 91 ER 1394 (D)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Jalloh, Regina (on the application of) v Secretary of State for the Home Department SC 12-Feb-2020
Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971.
Held: The Court of . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 05 June 2022; Ref: scu.361107