Whittaker v Sandford

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Whittaker v. Sandford p. 45 Maine 1912 Facts: P was a member of a religious sect in Tel Aviv along with her husband. Her and her 4 children decided to leave the sect and go back to America. While they were waiting for transportation the D (leader of the sect) offered them passage back to America on his Yacht. The P was afraid to get on board and told D that she was worried she would not be allowed to leave until she rejoined the sect. D assured her that under no circumstances would she be detained on board. Upon reaching the harbor in America D refused to furnish her with a boat so that she could leave the yacht. On several occasions she was allowed on shore in the company of her husband. She remained on board for nearly a month until she was finally able to get release with the help of a sheriff. She is suing for false imprisonment. Jury awarded her $1100, D is appealing the denial of a motion for a new trial. Must show a physical restraint to prove false imprisonment, but do not need to physically be holding the P. The walls of a prison cell physically keep prisoner in, the water physically kept P on board. The small land boats were like the key. Procedure: Rule:

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