169 Iowa 711 | Iowa | 1915
— The petition was in two counts. The first charged'the defendant with having wrongfully and unlawfully discharged plaintiff and his wife from his employ, he, defendant, having by oral contract engaged them to work upon his farm for the period of one year from and after March 12, 1912, agreeing to pay the plaintiff $30.00 per month, and his wife, $10.00 per month, and to furnish them a house in which to live and board for the period of the contract. The second was for an alleged false, malicious-, and unlawful arrest and detention of plaintiff as an insane person, by the sheriff of Audubon County, at the instigation of the defendant.
Defendant denied the employment of plaintiff and his wife for any definite length of time, and pleaded that he discharged plaintiff for good and sufficient eause. He denied that he caused the sheriff of Audubon! County to arrest the plaintiff, and averred that he had nothing to do with the arrest. He also pleaded that he had reason to believe from plaintiff’s actions and conduct that he was insane, and that his sanity should be inquired into; that he informed one Dr. Brooks, the physician member of the board of commissioners of insanity of Audubon County, Iowa, and also plaintiff’s personal physician, of the things he had learned and observed regarding plaintiff’s conduct, and requested his advice with reference thereto. That he gave this information to the physician in good faith and without malice for the purpose of guarding his (defendant’s) family, with whom plaintiff was then living, and for plaintiff’s own benefit.
He averred that his communication with the physician
The ease was tried on these issues, and, as the jury eliminated the first count of the petition by its verdict, we have nothing to do with the issues raised thereby, save as they may have an indirect bearing upon the second count of the petition. The jury found that plaintiff was falsely and unlawfully arrested by the sheriff of Audubon County, and that defendant was responsible for this arrest; and although plaintiff was under restraint for but a few hours, awarded him damages in the sum of $2,000.00. It is said that these damages were all compensatory, and that nothing was allowed by way of punishment.
Something like twenty-eight errors are assigned; but as the argument centers around eight main points, we shall confine our discussion to what seem to be the material and controlling propositions.
The sheriff said that Dr. Brooks suggested to him that he make the arrest; that he had no talk with defendant about it until after he concluded to make the arrest; that, when he
The officer testified that he made it at the suggestion of the doctor; that he went out to arrest plaintiff and did so, and there is no showing whatever-that what defendant said or did had the slightest thing to do with the arrest. The mere fact that defendant pointed out the plaintiff and expressed the opinion that he should be arrested does not make him liable if the person who made the arrest did so on his own motion or at the instigation of another. Hopkins v. Crowe, 7 Car. & P. 373; Burns v. Erben, 1 Rob. (N. Y.) 555; Veneman v. Jones, 20 N. E. (Ind.) 644.
Manifestly, these rulings were erroneous and highly prejudicial, as they went to the very vitals of the case. In so far as this record discloses, the arrest was instigated by Dr. Brooks alone, and it is not shown that defendant had any such connection therewith as to make him liable. The most that can be said for it is that it shows that at the doctor’s request, defendant truthfully reported conditions as he found them, and that the doctor, on his own motion and without any request or indication from the defendant that he wished him to do so, had the sheriff of the county arrest the plaintiff. Under such a showing, no recovery could be had under the law.
These extraneous matters were highly prejudicial and should not have been admitted. The law upon this proposition is so well settled that we need not do more than state it.
Other rulings on testimony are objectionable, but as they are not likely to be repeated on a retrial, we do, not set them out.
“13th. In regard to persons claimed to be insane the statute provides that an information under oath must first be filed and that then the commissioners of insanity may issue a warrant requiring that such person be brought before them for investigation upon such charge, and there is no statute which provides that anyone who is claimed to be insane shall be taken into custody in any other way except upon a warrant issued as above provided. And under both of these statutes or either of them, you are instructed that the arrest of this plaintiff, without a warrant for his arrest having been issued, was an unlawful arrest.”
This instruction is complained of, and we are constrained to hold that the complaint is good. •
An insane person stands upon a different plane from that of a criminal, and for his own good, as well as for the protection of the community, he may often be restrained by any person, especially by anyone having an interest in him, or, by one whose safety may depend upon Ms detention, may be taken in charge without a warrant. The restraint of an insane person or of a person claimed to be insane is not designed as a punishment for an act done, and, as said in Chavannes v. Priestley, 80 Iowa 316, 320:
“It is not a case in which he is adjudged at fault, or in default, and for which there is a forfeiture of liberty or property, but only a method by which the public discharges its duty to a citizen. The misfortunes of citizens sometimes place them where, for their care and preservation, restraints are necessary, and such restraints are even justified at the hands of private persons. They are not in such cases ‘deprived of liberty,’ within the meaning of the constitution; and plaintiff bases his claim in this respect upon the constitutional*718 provision that ‘no person shall be deprived of life, liberty or property without due process of law.’ ”
Of course, all such arrests or restraints must be reasonable and in good faith, and instructions as to such restraints should be carefully guarded. But it is manifestly erroneous to say, as the trial court did in this case, that an insane person cannot be taken into custody or restrained in any other way than upon a warrant issued as prescribed by law. There was a claim in this case that plaintiff was taken into custody upon the suggestion of Dr. Brooks because he was insane and was likely to do violence to himself and to others, and the law upon that subject should have been given to the jury, and. the court should have permitted defendant to introduce testimony in support of his theory of the easeT^
On the instructions as given, there should, as we think, have been a verdict for the defendant. The jury specially found that the defendant was not actuated by malice in what he did, and that he was justified in discharging plaintiff from his employ, thus indicating that the arrest and detention of plaintiff was not a method adopted by defendant to get plaintiff off his (defendant’s) farm.
For the errors pointed out, the judgment must be and it is — Reversed.