Calef v. Thomas

Citations

• 81 Ill. 478

Syllabus

<p>1. Private nuisance—right of party aggrieved, to abate. Anything done to the hurt or annoyance of the lands, tenements or hereditaments of another is a private nuisance, and may be abated, that is, taken away or removed by the party aggrieved thereby, so as he commits no riot in the doing of it.</p> <p>2. In order to justify the removal by a person from his land of the property of another, it must appear that it was wrongfully incumbering \\iis premises, and that he therefore removed it, doing no unnecessary damage. If it appears that he unnecessarily destroyed it or appropriates it to his own use, the justification fails.</p> <p>3. Malicious mischief—must appear act was done maliciously. On an indictment against a person, under the statute, for burning shocks of corn left on his land by a tenant, after his term has expired, it is necessary to prove that the burning was done maliciously, but it is not indispensable for that purpose that there should be direct proof of expressions of hatred or ill will; it will be sufficient if it appears from the evidence the act was prompted by malevolence or revenge, and not merely for the purpose of abating a nuisance.</p> <p>4. Malicious prosecution—prosecutor not bound to prove guilt of party accused, to escape liability. A party making complaint against another and procuring his arrest upon a criminal charge, is not bound to prove his guilt or procure the finding of an indictment against him at the peril of being personally liable in an action for damages. If he acts upon probable cause he is excusable, whatever the result of the prosecution.</p> <p>5. Same—probable cause—how established. On the trial of a suit for malicious prosecution, where the prosecution complained of was that the plaintiff had maliciously burned certain shocks of corn of the defendant, which he had left on the premises of the plaintiff, after his term as tenant expired, it was improper to give an instruction which made the fact that the defendant insi