Baer v. Chambers

Citations

• 67 Wash. 357
• 121 P. 843
• 1912 Wash. LEXIS 1182

Syllabus

<p>Malicious Prosecution — Reasonable Cause — Advice oe Prosecuting Attorney — Question for Jury. In an action for malicious prosecution the court cannot decide, as a matter of law, that defendant was justified by the advice of the prosecuting attorney, where there was evidence warranting the jury in concluding that the defendant did not fully and truthfully communicate to the prosecuting attorney all the material facts within his knowledge bearing upon the plaintiff’s guilt, but without excuse withheld facts from which the prosecuting attorney would have advised against making the charge; the question of reasonable cause for the prosecution being in such case a question for the jury.</p> <p>Same — Damages—Evidence—Admissibility—Wealth of Defendant. In an action for malicious prosecution, evidence of the financial worth of the defendant is inadmissible in this state, where punitive damages are not recoverable.</p> <p>Same^-Evidence — Admissibility—Newspaper Accounts. In an action for malicious prosecution, plain newspaper accounts, without comment, of the prosecution and arrest of the plaintiff are admissible in evidence; but where defendant was not responsible for such articles, all matters therein save facts that could be ascertained from the complaint charging the offense and the proceedings had thereon are irrelevant and inadmissible where they would tend to prejudice the defendant before the jury.</p> <p>Same — Damages—Probable Result of Arrest — Evidence — Admissibility. In an action for malicious prosecution, the amount of the recovery cannot be enhanced by evidence that the plaintiff caught cold while in jail, that not being the probable result of his arrest, where there was no evidence showing the bad or unhealthful condition of the jail; although evidence of the condition of the jail is admissible.</p>