Ford v. . McAnally
Supreme Court of North Carolina
Appeal by defendant from Finley, J., at April Term, 1921, of Guil-eoed. Civil action to recover damages for an alleged assault, false arrest and malicious prosecution.
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Appeal by defendant from Finley, J., at April Term, 1921, of Guil-eoed. Civil action to recover damages for an alleged assault, false arrest and malicious prosecution. Upon denial of liability, and issues joined, tbe jury returned tbe following verdict: “1. Did tbe defendant assault tbe plaintiff as alleged in tbe complaint ? Answer: ‘Yes.’ “2. If so, wbat damage is tbe plaintiff entitled to recover of tbe defendant? Answer: ‘$25.’ “3. Did tbe defendant cause tbe arrest and prosecution of tbe plaintiff as alleged? Answer: ‘Yes.’ “4. If so, was tbe arrest without probable cause? Answer: ‘Yes.’…
1Opinion of the CourtStacy, J.
There is no exception or question presented on the initial cause of action arising out of the alleged assault. Defendant concedes that the plaintiff is entitled to judgment on the first two issues, but contends that the allegations of the complaint and the evidence adduced on the hearing were not sufficient to warrant the verdict on the remaining issues, or those relating to the second cause of action.
Giving the complaint a liberal construction, as we are required to do under C. S., 535, and considering the evidence in its most favorable light for tho plaintiff, the accepted position on a…
2Cases cited7 opinions
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- Fields v. . BynumSupreme Court of North Carolina · 1911
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- Smithwick v. . WardSupreme Court of North Carolina · 1859
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