Richardson v. Huston

Citations

• 10 S.D. 484
• 74 N.W. 234
• 1898 S.D. LEXIS 20

Syllabus

<p>1. In an action against road officers for arresting plaintiff for resisting the opening of a road, where the complaint alleges that defendants acted “maliciously and without justifiable” cause, and without authority, defendants may show under the general issue their official character, and all the facts attending the transaction, not as a complete defense, but to prevent a recovery of more than actual damages, though such eyidence tends to prove a full justification of the arrest.</p> <p>2. Where officers, acting in good faith on a state of facts that reasonably warrant them in believing they have a right to act, arrests one who resists them, the jury is not warranted in finding exemplary damages in the absence of proof of malice, although the arrest may not be legally justified.</p>