Jackson v. Bell

Citations

• 5 S.D. 257
• 58 N.W. 671
• 1894 S.D. LEXIS 56

Syllabus

<p>1. In order to relieve a defendant from liability in an action for malicious prosecution, on the ground that he acted on the advice of counsel, it must appear that he made a full and complete statement of all the facts known to him relevant to the prosecution, and was afterwards advised to institute such prosecution, and that he acted on such advice of counsel in good faith, believing the plaintiff to be guilty of the crime with which he was charged.</p> <p>2. The question of probable cause is a mixed question of law and fact, and, when such a defense is alleged, and evidence has been offered in relation thereto, which is conflicting, its credibility is to be considered and determined by the jury, under proper instructions as to what facts, if they exist, constitute probable cause; as, when the defendant’s belief of the facts relied on by plaintiff to prove a want of probable cause is essential, it is always a question of fact to be submitted to the j ary for determination.</p> <p>3. The circumstances which merely tend to aggravate the ordinary damages which necessarily result from an alleged wrong as the natural consequences of the acts set out in the complaint for a malicious prosecution need not be specially pleaded, and, when evidence of injury to feelings has been admitted without objection, an instruction upon such evidence, to the effect that a person who has been charged with acrime, and prosecuted maliciously and without probable cause, may recover for personal mortification or injury to his feelings, is not erroneous.</p> <p>(Syllabus by the Court.</p>