145 Minn. 468 | Minn. | 1920
Appeal from an order denying a motion for a new trial of a civil action for damages for assault and battery.
On the afternoon of May 25, 1918, a political meeting was held at New Prague in this state, at which Governor Burnquist made an address. Plaintiff, a farmer living nearby, went to the village in the evening to attend a meeting of the .Society of Equity. He was a member of the Nonpartisan League and wore one of its buttons. The league favored the nomination for Governor of Charles A. Lindbergh. ' Plaintiff had displayed a Lindbergh banner on his house and had failed to attend the afternoon meeting. Someone had torn down the banner, and the defendant Suchomel had heard that he was charged with having done it. Early in the evening he encountered plaintiff’s wife in front of a store where he was employed and accused her of having said that he had removed the banner. They had an angry altercation and a group of people gathered about them. While they were quarreling, plaintiff came up, took some part in the controversy, and finally Ted his wife away. He then went to the saloon of one Nicolay, which was under the hall where the Society of Equity had its meetings. A number of members of the society were present waiting for the meeting to begin. Later in the evening Suchomel and his codefendants entered the saloon. Whether they came together or separately is a matter of dispute under the evidence. .Soon after they came there was a saloon brawl, in the course of which Suchomel pushed plaintiff away from him and struck bim twice; the defendant Manz snatched the league button from plaintiff’s coat and threw it on the floor, and the defendant Kohout struck bim in the face. The proprietor of the saloon then ordered everybody out. Plaintiff was shoved or dragged through the rear door and-into an alley behind the saloon. He testified that as this was being done he was kicked, struck and otherwise ill-treated, that someone proposed that
After introducing all their evidence relating to the assault, defendants called two witnesses who testified that plaintiff’s reputation in the community as a law-abiding, peaceable citizen, at the time of the assault, was bad. In overruling his objection to this testimony, the court remarked that the ruling was made in view of the allegations of the complaint to which we have referred. We think the ruling may be sustained on that ground. Plaintiff was seeking to recover damages for an injury to his reputation as a citizen, caused by the publicity attending the assault, as well as damages for bodily injuries. The general denial in the answers put his reputation in issue. Dennis v. Johnson, 47 Minn. 56, 49 N. W. 383; Dodge v. Gilman, 122 Minn. 177, 142 N. W. 147, 47 L.R.A. (N.S.) 1098, Ann. Cas. 1914D, 894; Krulic v. Petcoff, 122 Minn. 517, 142 N. W. 897, Ann. Cas. 1914D, 1056. Defendants were, therefore, entitled to prove his alleged bad reputation as a citizen in mitigation of damages. Nickolay v. Orr, 142 Minn. 346, 172 N. W. 222.
The case was tried in September, 1918, when feeling ran high against men who were said to be disloyal. A number of incidents occurring during the trial indicate that plaintiff’s alleged disloyalty was persistently injected into the case as justification for the treatment he received, and doubtless this had much to do with the size of the verdict.
Defendants introduced evidence to show that one Mertz and others in the saloon also assaulted plaintiff, and that the major portion of his injuries was caused by such assaults. They contend that they are not liable for the acts of Mertz and his companions and that the verdict is adequate for their part in the affray. This contention is in conflict with the rule laid down in the court’s charge to the jury, to which we have already adverted and which we regard as a correct statement of the settled law of this state, insofar as it relates to liability for injuries to one who is the victim of an attack on the part of several persons who jointly participate in it. Warren v. Westrup, 44 Minn. 237, 46 N. W. 347, 20 Am. St. 578; Muenkel v. Muenkel, 143 Minn. 29, 173 N. W. 184.
We conclude that the damages awarded are so inadequate as to entitle plaintiff to a new trial of the issues between him and the defendants Suchomel, Kohout and Manz.
Hnder the court’s instructions, the jury, by failing to return a verdict against Hlinka and the two Mareks, in effect found in their favor. There was sufficient evidence to sustain such a finding. They testified
The order denying a new trial is reversed and the case is remanded for a retrial of the issues between the plaintiff and the defendants Suehomel, Kohoxit and Manz only.