This section contains the nature of the case and procedural background.

Part of a public highway was closed for spectators of a boat race. Bird (P) wanted to enter, but Jones (D) and other policemen would not let him enter since P had not paid the admission fee. P was able to enter the enclosure anyway but still could not get where he wanted to go. The policemen let P remain where he was and would have allowed him to leave, but still did not let him go where he wanted to go. P refused to leave and remained within the enclosure. P sued D for false imprisonment. D claimed that since P had a way out of the enclosure, there could be no action for false imprisonment.

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