Legal Opinion

Cave v. Cooley

New Mexico Supreme Court

Decided September 15, 1944No. 4816PublishedCited by 52 opinions

1Opinion of the Court

BICKLEY, Justice.

Plaintiff (appellant) sued defendant (appellee) to recover damages on each of three causes of action. 1. False arrest. 2 and 3, damages for malicious prosecution.

The verdict of the jury was in favor of the defendant on each of the causes of action and judgment in favor of defendant followed, whereupon plaintiff appealed.

While plaintiff was driving a truck on a public highway he was arrested by the defendant, a state policeman, near the scene ■of an accident which had occurred at the mouth of a lane leading off the main traveled portion of the highway at which point the…

2Cases cited5 opinions

  1. Garske v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  2. State ex rel. Thompson v. ReichmanTennessee Supreme Court · 1916
  3. Ryan v. ConoverOhio Court of Appeals · 1937
  4. Bock v. City of CincinnatiOhio Court of Appeals · 1931
  5. State Ex Rel. Verdis v. Fidelity & Casualty Co. of New YorkWest Virginia Supreme Court · 1938

3Cited by52 opinions

  1. Coverstone v. DaviesCalifornia Supreme Court · 1952
  2. Tanberg v. SholtisCourt of Appeals for the Tenth Circuit · 2005
  3. Young v. City of Des MoinesSupreme Court of Iowa · 1978
  4. State v. LunaNew Mexico Court of Appeals · 1980
  5. Smith v. HubbardSupreme Court of Minnesota · 1958

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