Nickelson v. Cameron Lumber Co.

Citations

• 39 Wash. 569
• 81 P. 1059
• 1905 Wash. LEXIS 902

Syllabus

<p>Corporations—Liability for Malicious Prosecutions—Acts of General Manager in Instituting Criminal Suit —Payment of Expenses—Evidence of Authority—Sufficiency. A general manager of a corporation renders his company civilly- liable for a malicious prosecution, where it appears that he was the statutory agent and only officer of the corporation in Idaho, that he prosecuted the criminal charge in question, maliciously and without probable cause, and to gain possession of government lands for the corporation, from which it then cut and removed the timber, that the corporation paid witness fees and employed a private counsel in the criminal case, and that the officers of the company declined to prevent the prosecution because, as stated, the manager had full control of the company’s business in that state.</p> <p>Same — Knowledge of Suit — Evidence of Conversations With Officers. In an action against a corporation for a malicious prosecution, testimony of a conversation with, its officers relative to the suit is admissible to show the company’s knowledge of the suit, and of the agency through which it was instituted.</p> <p>Malicious Prosecution—Probable Cause—Instructions—Harmless Error. In an action for malicious prosecution, error cannot be predicated upon an instruction to the jury concerning probable cause, in that it was a question of law for the court, where the instruction was correct and the question was properly decided.</p> <p>Public Lands—Cutting Timbee—Action foe Damages—Rights of Settles. A settler on unsurveyed, government land cannot recover damages for the cutting and removal of the timber, or for permanent injury to the freehold, since the title and right of action therefor is in the government.</p> <p>■ Appeal—-Decision—Remitting Excess. Upon reversing a case for error in including an item of damages fixed by special verdict, the judgment will he allowed to stand if the erroneous item is remitted.</p>