Rosenberg v. Hart
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Bichard S. Tuthill, Judge, presiding.
1Opinion of the CourtGarnett, P. J.
This was an action for malicious prosecution, judgment being given in the Circuit Court for the plaintiff, and the defendants appeal.
The court instructed the jury that if they believed from the evidence the defendants, or any of them, were guilty of the arrest and prosecution, and that such arrest was malicious and withoxxt probable cause, then vindictive damages might be given. There are two fatal errors in this instruction. Ho principle of law warrants a recovery against three defendants if only one is found guilty from the evidence. Blackman v. Blom, opinion filed in this court April 3,…
2Cases cited1 opinion
- Emery v. GinnanAppellate Court of Illinois · 1887
3Cited by6 opinions
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Marlatte v. WeickgenantMichigan Supreme Court · 1907
- Ewe v. AnglandAppellate Court of Illinois · 1945
- Leyenberger v. PaulAppellate Court of Illinois · 1891
- Ruble v. CohnAppellate Court of Illinois · 1918
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