#### J. A. Gore, Appellee, v. Marshall Field & Company, Appellant.

Gen. No. 18,441.

(Not to be reported in full.)

Abstract of the Decision.

1. False imprisonment, § 28 * —when verdict -for plaintiff not sustained hy the evidence. In an action against a department store for false imprisonment, the facts showing that plaintiff had pur*487chased a coat and was leaving the store when he was stopped by some unknown person, and that plaintiff went with such person to the clothing department where a clerk and a floorman told him he would have to prove that he purchased or that he did not steal the coat, held that a verdict in favor of plaintiff could not be sustained, the evidence not showing that the person who stopped him was an employe of the store and it not appearing whether the statements made by defendant’s servants in the clothing department could be construed to mean that plaintiff should remain in the room until he proved he bought the coat.

*486Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding.

Heard in this court at the March term, 1912.

Reversed and remanded.

Opinion filed January 12, 1914.

Statement of the Case.

Action by J. A. Gore against Marshall Field & Company, a corporation, to recover damages for false imprisonment of plaintiff by defendant’s servants. From a judgment in favor of plaintiff for five hundred dollars, defendant appeals.

Frank B. Leffingwell, for appellant.

Cruice & Langille, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Presiding Justice Baker

delivered the opinion of the court.

*4872. False imprisonment, § 2 * —what constitutes. To constitute the injury of false imprisonment there must be a detention of the person and the detention must be unlawful.

3. False imprisonment, § 30 * —when instruction not to award punitive damages should he given. In an action for false imprisonment by the servants of defendant, refusal of court to instruct the jury at the request of defendant that plaintiff should not be awarded punitive damages, held error, it not appearing, that defendant’s servants acted maliciously or wantonly or that their acts were conceived in a spirit of mischief or criminal indifference to civil obligations.

4. False imprisonment, § 36 * —when damages excessive. A verdict for five hundred dollars for damages sustained by reason of false imprisonment, held excessive, the case not being one in which punitive damages should be awarded and the evidence showing that there was only a detention of the person of plaintiff for a few moments.