Legal Opinion

Peck v. Small

Supreme Court of Minnesota

Decided July 20, 1886PublishedCited by 15 opinions

This action was brought in the district court for Hennepin county, .nd was tried before Koon, J., with a jury, and plaintiff had a verdict f $500. He moved for a new trial for errors at the trial, for inad-|quaey of the damages awarded him, and for newly-discovered evi-enee, and he appeals from an order denying his motion.

1Opinion of the CourtBerry, J.

1. Upon the trial of this action, which is for malicious criminal prosecution, the plaintiff, as a witness in his own behalf, was asked by his counsel whether he knew defendant’s “financial standing, and his influence,” in the community in which the malicious prosecution occurred. The exclusion of the question being assigned as error, the substantial inquiry presented by the appellant here is whether, in an action of this kind, evidence of the wealth and influence of the defendant is admissible to affect the damages. That the wealth of the defendant is provable upon the matter of punitive…

2Cases cited4 opinions

  1. Derby v. GallupSupreme Court of Minnesota · 1860
  2. Lampsen v. BranderSupreme Court of Minnesota · 1881
  3. McCarthy v. NiskernSupreme Court of Minnesota · 1875
  4. Harrington v. BigelowNew York Supreme Court · 1846

3Cited by15 opinions

  1. Beaulieu v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
  2. Hoye v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
  3. Ebersole v. FieldsSupreme Court of Alabama · 1913
  4. State v. BarrettSupreme Court of Minnesota · 1889
  5. Briggs v. CoykendallNorth Dakota Supreme Court · 1929

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