Davis

A jury found in plaintiff’s favor in a malicious prosecution action brought against defendant Union and assessed both compensatory and exemplary damages against it. The Union appeals from judgment entered on the verdict, order denying its motion for judgment notwithstanding the verdict and order denying motion for new trial. The attempted appeal from the latter order is dismissed.

First, the Union argues that there is no substantial evidence that it acted without probable cause in instituting the prior proceeding, it being conceded that the existence of the other elements of the tort (favorable termination of the prior action and malice) may not here be properly challenged. Remaining points concern the award of damages and the assertedly erroneous exclusion of relevant evidence.

At the times in question plaintiff was an electrical contractor employing three men when he launched that business in 1962; John Stephen Harrington was an assistant business manager of Local 11 who initiated the prior suit and whose actions in that regard were determined to be attributable to his employer, defendant Union. Upon going into the electrical contracting business plaintiff went to the…