Legal Opinion

Rule v. McGregor

Supreme Court of Iowa

Decided January 22, 1902PublishedCited by 7 opinions

Appeal from Crawford District Court. — Hon. S. M. Elwood, Judge. Action to recover damages for malicious prosecution. There was a- jury trial, verdict and judgment for plaintiff, and defendant appeals.

1Opinion of the Court

Waterman, J.-

1 The verdict was for the sum of $1,500 and, taking the form in which it was rendered, together with the instructions of the court, we must accept this, amount as given for actual damages only. The first complaint made is that the verdict is excessive, plaintiff having shown a money loss of only $106. The damages which may be recovered in an action of this nature .are of three kinds, — general, special, and exemplary. The first two fall within the category of actual damages. General damages are such as naturally flow from the act done, — as mental suffering from circumstances of…

2Cases cited4 opinions

  1. Davis v. SeeleySupreme Court of Iowa · 1894
  2. Hale & Bro. v. GibbsSupreme Court of Iowa · 1876
  3. M. Dean & Co. v. ZenorSupreme Court of Iowa · 1895
  4. Ellison v. BrownNebraska Supreme Court · 1894

3Cited by7 opinions

  1. Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
  2. Deshawn Gervin v. Pamela FlorenceCourt of Appeals for the Eleventh Circuit · 2025
  3. J. N. Dunlap & Co. v. AndersonSupreme Court of Iowa · 1911
  4. Kness v. KommesSupreme Court of Iowa · 1928
  5. Jacquemin v. BunkerOhio Court of Appeals · 1922

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