70 Wis. 131 | Wis. | 1887
This is an action of slander against the defendant for speaking the words, “ he (meaning the plaintiff) is the man who helped burglarize and rob my house.” The answer is, in effect, that defendant’s house had been burglarized and property therein stolen, and that he believed the plaintiff did it, and if he spoke the words they were true and the speaking of them lawful. The answer then states the circumstances which justified the defendant’s suspicion of the plaintiff in respect to that crime, and denies malice and that the plaintiff was injured. The jury found for the plaintiff $500 damages.
The testimony on behalf of the plaintiff was that, on the occasion of the speaking of said words, the defendant, without warrant, ordered one Dunegan, a night policeman, to arrest the plaintiff and imprison him, and Dunegan did so without warrant or other complaint, and detained him in prison several hours; and that the defendant not only made no complaint, but declined to make any when asked by the chief of police McDonald to do so, but asked said officer to make complaint against plaintiff for vagrancy, and he refused to do so and discharged him from the prison. The first error assigned by the appellant is the admission of the testimony of the plaintiff as to the length of time he was so imprisoned. It is contended by the learned counsel of. the
There were ten special requests made by the counsel of the appellant for the court to instruct the jury, and which were refused by the court, and only three of them are now insisted upon as not having been embraced in the general charge.
1. The court instructed the jury, in effect, that if the plaintiff’s general character and reputation were bad his compensatory damages would be thereby lessened, and should be measured by the injury actually suffered. The
2. The court was asked to instruct the jury that, if the arrest and imprisonment were justifiable and lawful, they could not be evidence of malice. In connection with this instruction the court was asked to-instruct the jury when
The only remaining objection to the judgment urged by the appellant’s counsel is that the damages awarded by the jury are excessive. The jury must have found that there ■was no justification, excuse, or mitigation, for the slander, and probably that the respondent suffered special damage. The small sum of $500 damages, in such a case, is certainly not evidence of any bias, or prejudice, or motive of oppression, on the part of the jury. This sum would seem to be reasonable, if the plaintiff was entitled to any verdict. Justification was pleaded, but it was not proved, and the jury seemed to have found that there was little if anything proved in mitigation of the slander.
By the Court.— The judgment of the circuit court is affirmed.