
    S. A. BEAM, by His Next Friend, S. R. BEAM, v. C. W. FULLER et al.
    (Filed 10 May, 1916.)
    False Imprisonment — Punitive Damages — Trials—Evidence—Questions for Jury.
    In an action to recover damages for arrest and false imprisonment, evidence tending to show that the several defendants, among them being the chief of police of the town and a constable of the township, arrested the plaintiff, a minor, without warrant, carried him through the streets and locked him in the guardhouse for several hours, and then released him without preferring a charge, is sufficient for the consideration of the jury upon the question of punitive damages.
    ActioN to recover damages for arrest and false imprisonment, tried before Webb, J., and a jury, at September Term, 1915, of Gaston.
    There was evidence tending to sbow tbat on 28 June, 1914, plaintiff, a minor, was arrested and confined for some hours in tbe guardhouse in Bessemer City, N. C.; tbat tbe arrest was without warrant or lawful justification and was participated in by several defendants, tbe parties charged and served, being O. "W. Fuller, Clint Jones, and Ped Allen and Aaron Dameron; tbat O. "W. Puller was chief of police of Bessemer City and defendant Jones was constable of Crowder’s Mountain Township. Aaron Dameron was deputy sheriff of tbe county.
    At the close of tbe plaintiff’s testimony, on motion made in apt time, there was judgment dismissing tbe action as to defendant Fuller, and plaintiff excepted. On issues submitted, there was judgment establishing liability of tbe other three defendants and assessing nominal damages.
    Judgment on tbe verdict, and plaintiff excepted and appealed, assigning for error:
    1. Tbe judgment dismissing tbe action as to tbe defendant Fuller.
    
      2. Tbe ruling of bis Honor tbat tbe facts in evidence did not present a case for an award of punitive damages.
    
      M anguín & Woltz and J. M. Hoyle for plaintiff.
    
    
      No counsel for defendants.
    
   Pee Cueiam.

On careful examination of tbe record, we are of opinion tbat there are facts in evidence tending to sbow tbat defendant Fuller was a participant in tbe wrongful arrest and detention of plaintiff, and tbat tbe order of nonsuit as to said defendant should be set aside. Tbe Court is of opinion, also, tbat there was error in tbe ruling tbat plaintiff, as a matter of law, was not entitled to recover punitive damages. When there is testimony in a cause permitting an award of punitive damages, tbe question of whether such damages shall be allowed, and tbe amount of same, is for tbe jury. Billings v. Charlotte Observer, 150 N. C., 541.

We find in tbe present record evidence on tbe part of plaintiff tending to show tbat in June, 1914, plaintiff was arrested by defendants without warrant, carried through tbe streets of Bessemer City as a prisoner, and locked up in a guardhouse and detained there for several hours, when be was allowed to go free without any charge having been preferred against him and without any evidence tbat be was presently or at any other time engaged in any violation of law. There may be facts in evidence or available which would so far explain tbe conduct of defendant as to justify a jury in refusing to award punitive damages in tbe case, but with tbe facts in evidence as indicated, it was reversible error, as stated, to withdraw tbe question from tbe jury and decide it adversely to plaintiff as a conclusion of law.

If, on another trial of tbe case, tbe question of punitive damages is again presented, tbe rules applicable will be found discussed in some recent cases of.our Eeports, among others, Carmichael v. Telephone Co., 162 N. C., 333; same case, 157 N. C., 21; Williams v. R. R., 144 N. C., 498, headnote 10; Ammons v. R. R., 140 N. C., 200; Kelly v. Traction Co., 132 N. C., 368.

There is error. Tbe order of nonsuit as to defendant Fuller and tbe verdict and judgment as to tbe other defendants will be set aside and a new trial bad of tbe entire case.

New trial.  