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Burlington Transp. Co. v. Josephson

United States Court of Appeals for the Eighth Circuit
153 F.2d 372 (1946)


Facts

Josephson (plaintiff) was a physician residing in New York. While in Rapid City, South Dakota, Josephson claimed to have been falsely arrested and imprisoned by Burlington Transp. Co. (Burlington) (defendant). Josephson filed suit and in the complaint claimed damage to reputation and extreme humiliation, attorneys’ fees and court costs, and time away from Josephson’s business causing “a large consequent loss, all to his damage in the sum of $100,000.00.” At trial, Leggett testified that attorneys’ fees and costs totaled $500. Leggett also testified to lost rent and increased costs related to the renovation of a building that Leggett owned due to the confinement in South Dakota. Burlington objected to that testimony, but was overruled. The jury found in favor of Josephson and awarded damages of $19,500 plus costs of $44.50. Burlington appealed to the United States Court of Appeals for the Eighth Circuit.

Rule of Law

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Issue

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Holding and Reasoning (Thomas, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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