White v. Levy Bros., Inc.

Decision Date01 November 1957
Citation306 S.W.2d 829
PartiesMrs. Betty WHITE, Appellant, v. LEVY BROTHERS, Inc., Appellee.
CourtUnited States State Supreme Court — District of Kentucky

Harry S. McAlpin, Louisville, for appellant.

S. L. Greenebaum, Louisville, for appellee.

WADDILL, Commissioner.

Mrs. Betty White brought this action against Levy Brothers, a Corporation, to recover damages for slander and for false imprisonment. She has appealed from a judgment based on a directed verdict for the defendant.

Mrs. White was employed as a clerk in the appellee's department store. On May 9, 1955, she purchased a Davy Crockett outfit for her son from appellee's store. The belt of the suit was too small, and on May 11, 1955, after she had reported for work, she went to the boys clothing department and exchanged the belt for a larger one. She placed the belt in her pocketbook and went to another department to commence her day's work. Later that day she was questioned about the incident by an official of the appellee company. When it was determined that Mrs. White had merely exchanged one belt for another, she was asked to forget the matter and to return to her duties. However, she quit her job and filed this action.

The complaint charged that Mrs. White was falsely accused by an official of the appellee company of having stolen the belt in question. To sustain this allegation of slander, appellant relies upon: (1) A remark made by an official of the company to the manager of the store that Mrs. White should not be given a receipt for the belt; and, (2) the fact that an official of the company had asked Margie Irvin, another employee of the store, if she would sign a statement that Mrs. White had stolen the belt from the store. Neither the remark of the official of the company nor the questioning of Margie Irvin supports the charge of slander alleged by the complaint. Since the evidence fails to show that any words were spoken by an official of the company which imported a criminal act on the part of Mrs. White, the court correctly directed a verdict for appellee on this phase of the case. Bishop v. Smith, 198 Ky. 230, 248 S.W. 538; Wooten v. Martin, 140 Ky. 781, 131 S.W. 783.

The complaint also seeks damages on grounds that Mrs. White was falsely imprisoned by the officials of the appellee company. However, the proof does not substantiate this accusation. The evidence does show that an official of the company interrogated Mrs. White about the belt and asked her to exhibit the contents of her purse....

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5 cases
  • Kelly v. West Cash & Carry Bldg. Materials
    • United States
    • Court of Appeal of Louisiana (US)
    • October 20, 1999
    ...Hotel, Inc., 90 Nev. 176, 521 P.2d 370 (1974); Mullins v. Rinks, Inc., 27 Ohio App.2d 45, 272 N.E.2d 152 (1971); White v. Levy Brothers, Inc., 306 S.W.2d 829 (Ky.1957). And there is no false imprisonment where an employer declines to terminate an interview of his employee if no force or thr......
  • Hernandez v. Theriot
    • United States
    • U.S. District Court — Middle District of Louisiana
    • August 1, 2016
    ...Inc., 90 Nev. 176, 521 P.2d 370 (1974); Mullins v. Rinks, Inc., 27 Ohio App.2d 45, 272 N.E.2d 152 (1971); White v. Levy Brothers, Inc., 306 S.W.2d 829 (Ky.1957). And there is no false imprisonment where an employer declines to terminate an interview of his employee if no force or threat of ......
  • Herbst v. Wuennenberg
    • United States
    • United States State Supreme Court of Wisconsin
    • June 6, 1978
    ...had been curtailed. False imprisonment may not be predicated upon a person's unfounded belief that he was restrained. White v. Levy Brothers, 306 S.W.2d 829, 830 (Ky.1957). Cf. Riggs National Bank v. Price, 359 A.2d 25 Dupler v. Seubert, supra 69 Wis.2d at 373, 230 N.W.2d at 632 relied on b......
  • Grayson Variety Store, Inc. v. Shaffer
    • United States
    • United States State Supreme Court (Kentucky)
    • April 29, 1966
    ...22 Am.Jur., False Imprisonment, Sec. 13, p. 362. Comparable fact cases in which it was held there was no imprisonment are White v. Levy Bros. Inc., Ky., 306 S.W.2d 829; Great Atlantic & Pacific Tea Co. v. Billups, 253 Ky. 126, 69 S.W.2d 5; Sweeney v. F. W. Woolworth Co., 247 Mass. 277, 142 ......
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