Bird v. Jones – Case Brief
Bird v. Jones, 7 Ad. & El. (N.S.) 742, 115 Eng. Rep. 688 (1845).
Case Summary
Facts: Part of a public road had been closed for spectators of a boat race. Bird (P) wanted to enter but he was prevented by Jones (D) and other policemen because he had not paid the admission fee. Bird was able to enter the enclosure by other means but was unable to go where he wanted to go. The policemen refused access to where he wanted to go but allowed him to remain where he was and would have allowed him to leave. P remained within the enclosure and refused to leave. Bird sued Jones for false imprisonment.
Issue: Can a party be liable for false imprisonment if he only partially restricts the movement of another such that a way out is available?
Holding and Rule: No. P could have left but chose not to. D did not totally restrict his movements. D merely did not allow P to go where he wanted to go.
Disposition: Case dismissed.
Dissent: Even if one only partially contains another party and prevents him from going where he wants, this is enough for an action for false imprisonment.