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

Whittaker (P) and Sandford (D) agreed that P would travel on D's yacht across the Atlantic. Because of D's religious efforts to reconvert P back to his faith, D agreed that he would not attempt to detain P on board for any purpose. When they arrived back to the United States, D refused to furnish a boat to P and thus detained P on his yacht for over a month and tried to convert P to his faith. P was not allowed to leave the yacht unaccompanied when she was allowed to go ashore. P sued for false imprisonment. The jury gave the verdict to P. D appealed from an order denying his motion for a new trial based on the court's instructions. The court had instructed the jury that P must show actual physical restraint but that there need not be actual physical force used upon P herself.

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