Ross v. Rickert

This is an action for damages for alleged false arrest and malicious prosecution. The answer sets up the general issue.

Tile only question of law presented is as to the effect to be given to certain testimony; otherwise only questions of fact arise.

In actions of this nature where the answer is merely a general denial, evidence or probable cause and want of malice is not admissible to show justification, but may be introduced in mitigation of damages.

Hitchcock vs. North, 5 Rob. 328; Caspar vs. Brosdame, 46 An. 38.

During the course of the trial, plaintiff called to the witness stand one of the…