Citations
- 114 F. Supp. 206
Full opinion text
SHELBOURNE, Chief Judge.
The plaintiff, Mrs. Gertrude Hundley, sued Milner Hotels and C. F. Madden for false imprisonment and wrongful eviction. The jury returned a verdict in her favor and assessed damages as $1,754.
Defendant Milner Hotels was awarded $75 on its counterclaim for rent and storage charges.
Defendants move for judgment notwithstanding the verdict or, in the alternative, for a new trial on the following grounds
1. There was no wrongful eviction.
2. There was no substantial evidence that Madden (the hotel manager) imprisoned Mrs. Hundley.
3. The verdict was excessive.
4. A verdict against Milner for wrongful imprisonment cannot be sustained because Madden had no authority to lock in. Mrs. Hundley.
The other grounds for relief mentioned in the motion for judgment, or, in the alternative, for a new trial should be regarded as waived.
The above grounds will be considered in the order listed.
Questions Presented
There was no wrongful eviction.
This contention seems to be without merit, although the Court may have erred in charging the jury that a forcible detain-er action is a requisite to a legal eviction. See Burford v. Krause, D.C.D.C., 89 F. Supp. 818, where the Court said there inay be a right of reentry without a lawsuit.
However, the error, if there was one, is immaterial, in view of the fact that Milner in fact had no right of reentry with or without legal action.
A. The character of Mrs. Hundley’s occupancy
Was Mrs. Hundley a tenant or a guest?
These facts support a finding that she was a tenant:
1. Her rooms were not furnished by Milner but