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result to the remainder of the tract by reason of the situation in which it is left by the taking of the part in question, and by reason of such improvements, additional fencing, etc., as may be rendered necessary by the taking of the part, in the establishment of new means of egress and ingress, and otherwise necessary for the reasonable enjoyment of the remainder of the tract; but such direct damages shall not exceed the difference between the fair market value of the whole tract immediately before the taking and the fair market value of the remainder immediately after the taking. Indirect or consequential benefits may not be deducted from the direct damages; but, if they exceed the indirect or incidental damages resulting from a prudent construction and operation of the railroad, they do not affect the amount of the recovery ;

but if the indirect or incidental damages resulting from a prudent construction and operation of the railroad do exceed the consequental benefits, there may be included in the recovery such excess of incidental damages over consequential benefits. Big Sandy Ry. Co. v. Dils, 120 Ky. 563, 87 S. W. 310, 27 R. 952; L. & N. R. Co. v. Hall, 142 Ky. 497, 136 S. W. 905; Broadway Coal Mining Co. v. Smith, 136 Ky. 725, 125 S. W. 157, 26 L. R. A. (N.S.) 565; Music v. Big Sandy & Kentucky River R. Co., 163 Ky. 628, 174 S. W. 44.

FAIR TRIAL.-It is of the utmost importance, not only that every person should have a fair and impartial trial, but that he should have no just ground of suspicion that he has not had such a trial; and to this end an impartial jury and an unbiased judge are absolutely essential. Kentucky Journal Publishing Co. v. Gaines, 139 Ky. 747, 110 S. W. 268, 33 R. 402.

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FAITH AND CREDIT.-See FULL FAITH AND CREDIT.

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FAITHFUL AND HONEST WORK.-A contract by a railroad company to give one employment as a freight conductor so long as he does "faithful and honest work,” is indefinite as to the time of service, and terminable at any time by either party. L. & N. R. Co. v. Offutt, 99 Ky. 427, 36 S. W. 181, 18 R. 303.

FALL OF BUILDING.-"Fall of building" clause in fire insurance policies. See note on this subject in 32 L. R. A. (N.S.) 604.

What amounts to fall. See note on this subject in 32 L. R. A. (N.S.) 605.

FALSA DEMONSTRATIO NON NOCET.False description does not vitiate (e. g., a legacy or devise). Cochran's Law Lexicon.

FALSA ORTHOGRAPHIA.Falsa orthographia, sive falsa grammatica, non vitiat concessionem: bad spelling or bad grammar does not vitiate a grant. Cochran's Law Lexicon.

FALSE.-An averment that certain enterprises were never erected or operated is not an averment of the falsity of a representation that the location of such enterprises had been secured by contract. Ryan v. Middlesborough T. & L. Co., 106 Ky. 181, 50 S. W. 13, 21 R. 193.

FALSE ANSWERS.—The general rule is that when an applicant for insurance makes false answers to material questions in the application, these false statements will avoid the policy without reference to whether they were made in good or bad faith or whether they were known to be false by the applicant. Knights of Maccabees of the World v. Shields, 156 Ky. 270, 160 S. W. 1043.

FALSE AND FRAUDULENT.–Under 20, Art. 6, Chap. 803, R. S., incorrect lists of taxable property are not “false and fraudulent," unless the person making them knew they were incorrect and intentionally made them so.

Com. v. Finnell, 7 Ky. Opin. 196.

FALSE ARREST AND IMPRISONMENT,False arrest and imprisonment consists in unlawfully restraining a person's freedom without legal authority, and a party causing the arrest of another without just cause, or where it is not warranted by law, is civilly liable in damages, and the plaintiff, without proof of special damages, is entitled to more than nominal damages. Foor v. Coombs, 15 R. 845.

"To constitute the injury of false imprisonment there are two points requisite: (1) The detention of the person, and (2) the unlawfulness of such detention. Southern Ry. in Ky. V. Shirley, 121 Ky. 869, 90 S. W. 597, 28 R. 860.

The motives of defendant are not material. Id.
Malice is not an essential ingredient of the offense. Id.

False imprisonment lies where the imprisonment is without legal authority, and where it is valid or apparently so the remedy is by malicious prosecution. Roberts v. Thomas, 135 Ky. 63, 121 S. W. 961.

An action for false imprisonment does not lie for arrest or imprisonment in due course or regular proceedings of a court having jurisdiction of the offense; and where the order or process is valid, the person wrongfully detained must seek his remedy in another form of action. Johnson v. Scott, 134 Ky. 736, 121 S. W. 695.

Under Sec. 1930, Ky. Stats., a police judge who orders the commitment to jail of one charged with a felony, for whose arrest no warrant has been issued, and without hearing any evidence of his guilt, acts without jurisdiction, and is therefore liable in an action for false imprisonment, though his motives may not have been improper or corrupt. Glazar v. Hubbard, 102 Ky. 68, 42 S. W. 1114, 19 R. 1025, 39 L. R. A. 210.

Although a person has been wrongfully arrested, a jailer who places him in confinement under an order of a police judge is not guilty of false imprisonment. Johnson v. Collins, 89 S. W. 253, 28 R. 375.

False imprisonment is the unlawful restraint of a person contrary to his will, either with or without process of law. Two things are requisite in order to constitute the offense: First, detention of the person; second, the unlawfulness of such detention. Actual force is not necessary. Reynolds v. Price, 56 S. W. 502, 503, 22 R. 5.

It is the duty of an officer making an arrest for a misdemeanor, to meet force with force, and to use such force as is necessary to make the arrest. Tuck v. Beliles, 153 Ky. 848, 156 S. W. 883.

Right of police officer to make arrest without warrant. Madden v. Meehan, 151 Ky. 220, 151 S. W. 681.

In an action for false imprisonment by an election officer who was arrested while in the discharge of his duties by the defendant, for alleged disorderly conduct in a controversy with F., an instruction that plaintiff was right in his controversy with F. was erroneous, as not applicable to the issues. Schneider v. McGill, 64 S. W. 835, 23 R. 587.

In an action for false imprisonment by an election officer, who was arrested while in the discharge of his duties by the defendant for alleged disorderly conduct, an instruction as to the legality of the election was erroneous as not applicable to the issues. Id.

A justice of the peace, acting judicially, within his jurisdiction, is not liable for committing a person to prison for contempt, though the justice acts corruptly and maliciously. McBurnie v. Sullivan, 152 Ky. 686, 153 S. W. 945.

An officer is not liable for making a false arrest when he does so under a warrant issued by lawful authority. Madden v. Meehan, 153 Ky. 648, 156 S. W. 116.

action for false arrest and imprisonment, the injury to the feelings, and mental sufferings, arising from the mortification, shame, fear, and humiliation, suffered by the arrested party, from the circumstances of the arrest and detention, are proper elements for damages, to be considered by the jury as well as the physical inconveniences suffered. The rule applying in such cases is, that the successful plaintiff is entitled to compensation for all the natural and probable consequences of the wrong, including injury to the feelings from humiliation, indignity, and disgrace, and injury to the person, and physical suffering, interruption of business, and loss of time from the restraint. 19 Cyc., 368. It has been said that no sum which is not, per se, evidence of prejudice or corruption, is excessive for such indignities and suffering, where deprivation of liberty and injury to character result. Holburn v. Neal, 4 Dana, 120.” Ross v. Kohler, 163 Ky. 583, 174 S. W. 36.

“In an

In an action by plaintiff against three policemen for false imprisonment, an instruction to the jury in substance that if they believe from the evidence that the defendants believed in good faith, and had reasonable grounds for believing, that the plaintiff was guilty of disorderly conduct, then they had grounds for his arrest, and they should find for the defendants even though the plaintiff was not in fact guilty of disorderly conduct, was proper. Weaver v. McGovern, 90 S. W. 984, 28 R. 883.

The defendant was not prejudiced by an instruction telling the jury that any deprivation of the liberty of plaintiff by defendant, “whether it was by actual violence, threats, or otherwise,” constitutes an arrest, for while the use of the word "otherwise" was rather too indefinite, it could not, under the circumstances of this case, have misled the jury. Miller v. Ashcraft, 98 Ky. 314, 32 S. W. 1085, 17 R. 894. See MALICIOUS PROSECUTION.

FALSE ENTRY.- Where the cashier of a bank was indicted under Sec. 1186, of the Kentucky Statutes, for making a false entry, it was necessary that the Commonwealth should show that the entry was made, that it was false, and that it was made with the intention of cheating and defrauding the bank. Head v. Com., 165 Ky. 339, 176 S. W. 1162.

“And if the jury believe from the evidence, beyond a reasonable doubt, that the entry aforesaid was made by the defendant S., if he did do it, with the intention of circumventing, misleading and deceiving the officers of the Deposit Bank of Midway, to his own advantage and benefit, such intention was fraudulent, within the meaning of the law." This instruction was held not erroneous, in Shipp v. Com., 101 Ky. 518, 41 S. W. 856, 19 R. 634.

FALSE PERSONATION.-"Every person who shall falsely and fraudulently represent or personate another, and in such assumed character shall

"1. Marry another; “2. Become bail or surety for any party in any proceeding,

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