Matsinger v. Arzoomania

Opinion by

Gawthrop, J.,

This is an action of trespass for false arrest and malicious prosecution, which resulted in a verdict and judgment for plaintiff. But two questions are raised by the assignments of error: (1) The failure of the court below to enter judgment n. o. v.; (2) The instructions in the charge on the subject of punitive damages.

1. Viewed in the light most favorable to plaintiff, the evidence warrants the following statement of facts: Plaintiff had done some work for defendant and went into his restaurant and asked him to pay the bill. Defendant replied: “How much is the bill?”,…