Leong Sam v. Keliihoomalu

Citations

• 24 Haw. 477
• 1918 Haw. LEXIS 12

Syllabus

<p>Pleading — effect of evidence on nature of action.</p> <p>Where the complaint sets up a case of damages for assault and battery and tbe defendant answers by general denial, but defendant, a police officer, offers evidence tending to justify bis action on tbe ground that such violence as be used was necessary in arresting plaintiff for a penal offense committed in bis presence and plaintiff offers evidence tending to show that no offense bad in fact been committed and that more force than was reasonably necessary to effect an arrest was used, held, that this did not change tbe case to one for false imprison'ment.</p> <p>Assault and Battery — liadility of peace officer in making arrest.</p> <p>A peace officer is not liable for injuries inflicted by him in tbe use of reasonably necessary force to preserve tbe peace and maintain order or to overcome resistance to bis authority; but is liable if unnecessary violence is used to accomplish tbe purpose or if be assaults a person without just excuse.</p> <p>Same — instructions.</p> <p>In an action for assault and battery it is not error to refuse requested instructions not applicable to such a case.</p>