Formwalt v. Hylton

Citations

• 66 Tex. 288
• 1 S.W. 376
• 1886 Tex. LEXIS 505

Syllabus

<p>1. Evidence—See opinion for evidence held inadmissible.</p> <p>2. False imprisonment—Mistake—Evidence—In a suit for false imprisonment, mistake as to the identity of the party arrested may be considered in mitigation of damages and on the question of malice, but it does not justify the false imprisonment, unless the mistake was caused or contributed to by the plaintiff’s words or acts. (Hays v. Oreary, 60 Tex., 445, followed,, and other cases reviewed.)</p>