COBLYN V KENNEDY INC TRIAL

The plaintiff then asked: '(W)hy 'these two gentlemen stop me? ' The salesman confirmed that the plaintiff had purchased a sport coat and that the ascot belonged to him. After reaching the second floor, the salesman from whom he had purchased the cost recognized him and asked what the trouble was. As he and Goss went upstairs to the second floor, the plaintiff paused twice because of chest and back pains. The plaintiff then said, 'Yes, I'll go back in the store' and proceeded to do so. Eight or ten other people were standing around and were staring at the plaintiff. Where did you get that scarf?' The plaintiff responded, '(W)hy?' Goss firmly grasped the plaintiff's arm and said: '(Y)ou better go back and see the manager.' Another employee was standing next to him. Just as the plaintiff stepped out of the door, the defendant Goss, an employee, 'loomed up' in front of him with his hand up and said: 'Stop. On March 5, 1965, the plaintiff went to Kennedy's, Inc.

We state the pertinent evidence most favorable to the plaintiff.

COBLYN V KENNEDY INC TRIAL

The case is here on the defendants' exceptions to the denial of their motion and to the refusal of the trial judge to give certain requested instructions to the jury. The jury returned verdicts for the plaintiff in the sum of $12,500. 1 At the close of the evidence the defendants filed a motion for directed verdicts which was denied. This is an action of tort for false imprisonment.

23Д«efore TAURO, C.J., and SPALDING, SPIEGEL, REARDON and BRAUCHER, JJ. Kaplan, Boston (Julian Soshnick, Boston, with him) for plaintiff. 14 Supreme Judicial Court of Massachusetts, Suffolk.

Coblyn v kennedy inc