Huffstutler v. Coates

COIL, Commissioner.

Henry Huffstutler recovered $7,000 actual and $3,000 punitive damages in his malicious prosecution against Gordon R. Coates. Coates appealed and claims that the trial court erred in refusing to direct a defendant’s verdict, in giving and refusing instructions, in permitting improper examination of witnesses by plaintiff’s counsel, and that the judgment is excessive. The criminal charge which plaintiff claimed defendant maliciously prosecuted against him was attempted arson. It was and is undisputed that defendant executed an affidavit as a result of which plaintiff was…