81 S.E. 739 | N.C. | 1914
This action was brought to recover damages for the unlawful arrest and false imprisonment of the plaintiff by the defendant. The arrest was made for the violation of an ordinance of the city of Hickory forbidding drunkenness and cursing in a public place in said city. Plaintiff alleges that the defendant, a policeman of the city, arrested him, without a warrant, for cursing and being drunk on the streets, when neither charge was true, and defendant says that he was drunk and cursing on the streets near Abernathy's stables. There was much (584) evidence offered to sustain the allegations of the respective parties. Under the evidence and charge of the court, the jury returned the following verdict:
1. Did the defendant wrongfully and unlawfully arrest the plaintiff and restrain him from his liberty, as alleged? Answer: Yes.
2. Did the defendant wrongfully and unlawfully assault the plaintiff and injure his arm, as alleged in the complaint? Answer: Yes.
3. What damage, if any, is the plaintiff entitled to recover of the defendant? Answer: The sum of $600. *511
Judgment was entered thereon, and defendant appealed.
After stating the case: An inspection of the record will show that this case was carefully tried below, and the issues, evidence, and law bearing thereon were so clearly and fully explained by the learned judge who presided at the trial, to the jury, that we do not think there could have been any misunderstanding of the questions involved. Many exceptions were taken to the charge of the court, but it appears therefrom that the court instructed the jury in strict accordance with the principles applicable to such cases as have been settled by this Court. The charge is supported by this statement of the law, by Chief JusticeSmith, in S. v. McNinch,
Defendant had no process for the arrest, and he committed an assault unless, in some way, he can excuse or justify his conduct; and, too, the question of his good faith and the reasonableness of his acts were in issue, and these called for proof from him. "The onus of justification in issue primarily rests with the defendant." 19 Cyc., 363, and cases in note;Jackson v. Knowlton,
The requirement in the charge of the court that the jury should be "satisfied" as to the facts of justification, did not increase the burden or the quantum of proof which should come from the defendant in order to establish a justification. It was so held in Chaffin v. Manufacturing Co.,
Most of the exceptions were taken to large portions of the charge, which were at least, partially correct, and when this is the case the exceptions must fail. The exception must point out and specify the error; otherwise, it will be too general. S. v. Ledford,
There were several objections to evidence. It was correct in the court to restrict the evidence of reputation to general character of the party, as a witness. His character was not otherwise relevant, as it was not involved in the issue. 16 Cyc., 1270
What transpired while the arrest was being made was competent as part of the transaction, or of the res gestae. It was not competent, though, for defendant to show what had occurred at another time and place, or things done by or between third parties. There (587) were some other exceptions to evidence, but they are unimportant and require no discussion. The rulings in respect to them were manifestly correct.
We have carefully examined and reviewed the case, and find no reason for a reversal of the judgment. The cause has been fairly tried upon the evidence and under correct rulings of the court, and the result should not be disturbed.
No error.
Cited: Nance v. Telegraph Co.,