Finigan v. Sullivan

Citations

• 65 Wash. 625
• 118 P. 888
• 1911 Wash. LEXIS 984

Syllabus

<p>Witnesses — Cross-Examination—Evidence — Relevancy — Reputation. In an action for malicious prosecution, it is not proper cross-examination of tbe plaintiff to show that he was short in his accounts as affecting his reputation, where the plaintiff had offered no evidence of reputation.</p> <p>Appeal — Review—Harmless Error. It is not prejudicial error to exclude evidence of reputation in an action for malicious prosecution, where the cause of action for injury to reputation was abandoned by the plaintiff.</p> <p>Witnesses — Impeachment—Collateral Matters. Where character is not. in issue, a party is bound by the answer of a witness on that subject as involving a collateral fact.</p> <p>Malicious Prosecution — Probable Cause- — Province oe Court and Jury. In an action for malicious prosecution, probable cause is a mixed question of law and fact, if the facts are in dispute, and is properly left to the jury upon instructions by hypothetical reference to the facts in evidence.</p> <p>Malicious Prosecution — Damages—Excessive Damages. A verdict for $2,000 for malicious prosecution is not excessive, where the plaintiff was arrested without warrant, kept in jail over night, and suffered in mind and body hy reason of false accusation.</p>