158 Iowa 444 | Iowa | 1913
It appears that on or about tbe 11th day of March, 1911, the defendant herein, Sam Lint, appeared before a justice of the peace in and for Polk county, signed and filed an information charging the plaintiff herein with the crime of forgery; that, upon the filing of said information before said justice, a warrant was issued by said justice for the arrest of this plaintiff; that the plaintiff was arrested and placed in the Polk county jail; that thereafter the plaintiff gave bail and was released; that subsequently, upon hearing had upon the said charge, the plaintiff herein was discharged, and the plaintiff now brings this action to recover damages from the defendants alleging that the accusation against him was false and malicious and without any probable causé therefor. The plaintiff further claims that the other defendants, Peter Lint and J. H. Lint, conspired
Ve know of no rule of law which prohibits a plaintiff from attempting to describe his mental suffering while in custody. It is true, perhaps, the jury may properly be left to infer such sufferings from the circumstances of his situation, and it is true that the average witness finds it difficult to describe his mental condition in apt terms. But it does not follow that such description, when made, is not proper in evidence. If a man who has been wrongfully prosecuted for crime feels a sense of shame and humiliation that such a charge should be laid at his door, or that he has been disgraced in the eyes of his neighbors and friends, or is tormented with fear that his incarceration may bring sorrow and disgrace to his home, we think he should be permitted to say it.
It is next contended that the court erred in submitting to the jury the question of the liability of the defendants J. H. Lint and Peter Lint, on the ground that there was no evidence that would justify submitting -that question, and no evidence that would justify the jury in returning a verdict against them, and that the verdict against them is contrary to the instructions of the court and contrary to the evidence. We have examined the record with some care upon this point and are satisfied that there is enough appear^ ing in the record to justify the court in submitting the question to the jury'. We find no error in the manner of the submission. There is evidence upon which the jury might well have found against these defendants, and, having found against these defendants, and, having found against them upon that evidence, we have no concern with their finding.