Bacon v. Bacon

Citations

• 76 Miss. 458

Syllabus

<p>1. False Imprisonment. Who liable. Lunatic asylum.</p> <p>All who unite in the procurement of an illegal commitment to the lunatic asylum are liable in an action for false imprisonment.</p> <p>3. Same. Code 1893, § 3843.</p> <p>Code 1893, $ 3843, providing how persons not adjudged insane may be admitted into the asylum, does not absolve from liability those who, by false and fraudulent certificates, impose upon and mislead the asylum authorities.</p> <p>3. Same. Physicians’ certificates. Evidence. Statements upon which physicians acted.</p> <p>In a case against physicians for falsely certifying that the plaintiff was insane, whereby she was confined in a madhouse, evidence is admissible of conversations had between the physicians and others, in which plaintiff’s supposed mental condition was discussed, before and as preparatory to the making of the certificate, as tending' to show good faith, or the want of it.</p> <p>4. Same. Nonreversible eiror.</p> <p>The exclusion, in such ease, of evidence competent only on the question of good faith, will not be reversible ex-ror if it be apparent, of record, that the trial, throughout proceeded, and the verdict was based on, the theox’y that the defendants acted in g-ood faith.</p> <p>5. Same. Modification of instruction. Good faith not a defense to actual damages.</p> <p>In an action for falsely imprisoning the plaintiff in an asylum, it is not error for the trial court to modify a defendant’s instruction on the issue of malice to the effect that the jury shoxxld, if the evidence fails to satisfy, etc., find for defendants on such issue, by adding thereto that this of itself should not bar the recovery of actual damages if the plaintiff be otherwise entitled thereto.</p> <p>6. Same. Mitigation of damages.</p> <p>A defendants’ instruction in an action for falsely imprisoning the plaintiff in an asylum, affirming that the jury shoxxld fully consider the evidence of defendant’s good faith, which does not limit the effect of