Rhoads v. Booth

Upon tbe information of defendant tbe plaintiffs in tbis action (three in number, but not partners), were arrested, tried before a justice of tbe peace for larceny, and after due examination were discharged. They thereupon instituted tbis action to recover damages for an alleged malicious prosecution. On tbe trial, defendant, among others, asked these instructions :

1st. Tbe damages in tbe case, if any, are purely personal, that is, they appertain to each person separately, and unless some co-interest or joint interest is shown, plaintiff cannot recover.

2d. If a man commit a trespass and kill…