The New York herald., 1873-02-16
MARINE C0URI-2ARI 2.
Action for False ImprisOnmcnt-Side
walks Not To BE Obstructed.
Ref0re Judpe Shea

Action for False Imprisonmcnt-Side-
walks Not To BE Obstructed.
Before Judge Shea
Moses SolomOns vs.. James +. Smith.-This action
was brought by the plaintiff to recover damages OF
the defendant for false Imprisonment. It appeared
that in front Of the plaintiffs establishment stood
newspaper stand, on the back OF which the defend
ant desired to place his business sign. To effect
his purpose he applied for permission to the pro-
prietor of the stand, and also to the plalnti and
his next door neighbor Peter Staeden. who in
sisted on the witness stand on being recognized
only by the cognomen OF 'Peter the Barber.n The
defendant obtained the permission of the
newsboy, Felix Good, and ,,n also that o. Of
worth of parasols and $I5 IN cash at the
expiration OF the year. whatever had the effect
OF obtaining the good Will OF Felix Good, the news.
man, did not appear. but the plantiT was not rec
onciled and waxed wroth ut the sign, which he
Knocked down. To this action OF the plaintT the
defendant objected and sent his carpenters to have
the sign replaced. AS the carpenters had the sign
replaced on top OF the stand and were about send
ing home the clinchcrs which were to unite insep-
araby the news stand and sign, the plaintiff ap
peared on the scene with hatchet In hand and fn-
Inundated the workmen frsm proceeding further
The defendant, relying upon the permission of the
newsman and the purchased written license OF
'Peter the Barber, told his men to proceed and
nail up the sign and then ordered the plaintiff under
arrest on the ground OF breach OF the peace, and
had him taken before the Justice Of the First Police
district, where he was discharged on the ground
that the defendant had no right to place any OBJ
struction on the sidewalk. After the evidence
closed Chief Justice Shea, in very lucid and ella
borate charge, said "The streets and sidewalks of
the city Of New York, as OF all other cities OF the
United States. are highways and no individual,
no municipal authority, no State, even, can OBJ
struct take away from the citizens at large the
right OF way. These men, from whom the defend
ant says he obtained permission to place his sign
ON the top Of the news stand. had no right
to concede such privilege, because 1t was
an usurpation Of municipal authority. The
defendant, by insisting on Keeping his sign
there, Independent OF its obstructing the view
to the plaintiffs store, and thereby iniurng
his business, was trespasser. The plaintiff was
justified in removing any unlawful obstruction and
the defendant had no authority whatever to order
his arrest Ii he had any complaint to prefer he
should have preferred 1t In conformity with the
forms Of law by invoking the authority OF the magis
trate; but instead of doing so he ordered him under
arrest on his own authority and had him marched
through the streets to the Court room and re-
strained Of his liberty for an hour and half, when
he was properly discharged by the presiding magis-
trate. Alter the Judges charge the jury rendered
a verdict OF $50 for plaintiff. For plaintiff Steele
Boyd; for defendant, Mann Parsons.