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87 Cal. 629

Shatto v. Crocker

California Supreme Court

Decided February 7, 1891

California Supreme Court · decided 1891-02-07

<p>Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial.</p> <p>The facts are stated in the opinion of the court.</p>

Relies on Board of Education v. Keenan

Good law ✅— No negative treatment on recordhow we know

Decided 1891-02-07

How this case has been cited

Cited by 12 later decisions — most recently October 1978

12 state decisions

30189119001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Paterson, J.

¶1This is an action for damages occasioned by the malicious prosecution of a criminal action against the plaintiff before a justice of the peace of Los Angeles County.

¶2The-findings of the court were in favor of the plaintiff, and judgment was entered against the defendant for the sum of four hundred dollars and costs.

¶3Appellant claims that the court erred in permitting the plaintiff to testify to the injury to his feelings, caused by the arrest, the only special damages alleged being twenty-five dollars paid an attorney for the defense of the respondent in a criminal action, and fifty dollars loss on account of detention from business for two days.

¶4We think that the evidence was properly allowed under the general allegation as to damages. Bodily pain and suffering come under the head of general damages, because they result naturally and directly from bodily harm, and injuries to the feelings flow as naturally and as directly from treatment like that complained of herein. (1 Sutherland on Damages, secs. 763-766.)

¶5Appellant contends, also, that the court erred in overruling his objection to the introduction in evidence of *631copies of the complaint, warrant of arrest, proceedings, and docket entries in the criminal action tried before the justice of the peace certified by the latter.

¶6The papers were attached together, and were objected to as a whole. They included a certified copy of the entries in the docket. Such copy is made prima facie evidence of the facts stated by the provisions of section 912 of the Code of Civil Procedure. As some of the evidence offered as a whole was admissible, and as appellant failed to specify any particular portion to which lie addressed his objection, there was no error in the ruling of the court. (Board of Education v. Keenan, 55 Cal. 647.) Furthermore, it appears from the defendant’s own evidence that he prosecuted the case referred to, and that the plaintiff was acquitted.

¶7Judgment and order affirmed.

¶8Harrison, J., and Garoutte, J., concurred.

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