Alau v. Parke

Decided July 6, 1883

Hawaii Supreme Court · decided 1883-07-06

Exceptions prom: Ruling op Austin, J. In an action for false imprisonment the Court refused defendant’s request to find on the question of probable cause, but left the same to the Jury ; held to be error, and a new trial ordered. Ah Cheu vs. Wong Kuai, 3 Hawaiian, 85, followed.

Decided 1883-07-06

¶1Opinion op the Court by

Austin, J.

¶2This case was an action for false imprisonment tried by a jury before Mr. Justice Austin at the April term of the Court. The judgment rendered was in favor of plaintiff.

¶3The Court, upon the defendant’s request to find upon the facts whether there was probable cause for the arrest, which was proved, refused so to find, but submitted that question to the jury.

¶4Upon the authority of Ah Cheu vs. Wong Kuai, 3d Hawaiian Reports, p. 85, which escaped the attention of the Court below, we think this was error, and the judgment is therefore reversed and a new trial ordered.