Dow v. Sears, Roebuck & Co.

Plaintiff brought an action for battery and for malicious initiation and continuation of prosecution arising out of an incident at defendant’s store. At the close of the evidence, the court directed a verdict for defendant on the claim for malicious initiation of prosecution. The jury gave defendant a verdict on the claim for malicious continuation of prosecution, but it gave plaintiff a verdict on the claim for battery and an award of $40,000 general damages and $40,000 punitive damages.

Defendant appeals the judgment for battery and assigns as errors that the court (1) refused to instruct…