A. C. Mccall v. Thomas H. Kendrick

During the early morning hours of November 27, 1952, plaintiff was in the depot of the Ogden Union Railway and Depot Company in Ogden, Utah; defendants Kendrick and Schober, special officers employed by the defendant railway companies, arrested plaintiff as being intoxicated. Plaintiff broke away and fled to a nearby tavern where the officers again apprehended him and took him into custody; thereafter he was detained for a few hours in the Ogden City jail before being released on bond. Upon complaint of Kendrick he was charged with being drunk in a public place in violation of an Ogden City ordinance and upon trial he was acquitted of that charge. Subsequently this suit was instituted based upon a complaint sounding in false arrest, false imprisonment and malicious prosecution. A jury rendered a verdict against the plaintiff and in favor of the defendants, no cause of action.