13 Mich. 63 | Mich. | 1864
Plaintiff sued defendant 'for causing him to be arrested;
The Court erred in confining the jury to damages for 'mere loss of time, in consequence of an arrest. In all cases 'of this nature the jury are entitled and required to find such general damages as they deem appropriate under the circumstances, for the ‘ arrest and detention, as well as any special damages which are lawfully proved to" their satisfaction. The Court can never confine a jury to either nominal or special damages if there has been a real personal injury; and every deprivation of liberty is so regarded. It is for the jury themselves to determine whether the circumstances should reduce the recovery to a minimum. There was also error in taking the imprisonment by( the sheriff away from the consideration of the jury. This was done on the ground that there was an. escape in law, and therefore no subsequent imprisonment under the precept. As under our statutes the creditor cannot pursue the sheriff or an imprisoned debtor for an escape so long as the latter remains within the county, the doctrines of civil imprisonment have become with us quite unimportant.—
The facts introduced on the trial below had a tendency to show that the plaintiff was active in designing and bringing about his own imprisonment. There was also fair ground for arguing to the jury that the imprisonment itself was very much, if not entirely, under his own. control. That it was little more than a farce of his own enacting, was forcibly urged before us. ' But it was for the jury after all to say how much the-plaintiff had been damaged in person, or sensibility, or pocket, as well as whether or not he was his own jailor-in a voluntary martyrdom. If this was so in fact, there* can be no substantial grievance, to complain of. What^ ever we , may think of the demerits of the cause, it must be left to the jury to give to the evidence such force*
Judgment must be reversed with costs, and a new :trial granted.