Russell v. Dennison

Citations

• 45 Cal. 337

Syllabus

<p>¡Record to Show Exceptions.—Where the record fails to show that exceptions were taken to the rulings of the Court during the trial, and to the charge given to the jury, objections to the same will not be considered.</p> <p>New Trial on Account of Newly Discovered Evidence.—A new trial will not be granted on account of newly discovered evidence if the same was cumulative, or if with proper diligence it might have been procured on the former trial.</p> <p>Sufficiency of Evidence—To justify a verdict of damages for malicious prosecution, considered.</p> <p>Measure of Damages.—Where a trespass is committed from wanton or malicious motives, or a reckless disregard of the rights of others, or under circumstances of great hardship and oppression, the measure and amount of damages are matters for the jury alone. Courts will not disturb the verdict on the ground that the damages are excessive, unless the amount of damages is so disproportionate to the injury proved as to make it clear that the jury acted under the influence of passion or prejudice.</p> <p>Damages bob Malicious Pbosbcutiou.—In the case stated in the opinion: held, that seven thousand dollars damages, for malicious prosecution, are not excessive.</p>