Seabridge

This is an action to recover damages for a malicious prosecution. Defendant McAdam was the owner of a certain tract of inclosed land. Plaintiff Seabridge was a subtenant of defendant’s vendor, and was cultivating a portion of this land to grain. Defendant, claiming the exclusive possession of the land, fastened the entrances thereto. Plaintiff, claiming the right to enter, broke the gates and entered. He was arrested for malicious mischief upon complaint of Johnson, an employee of defendant and a codefendant in this action. Upon this charge of malicious mischief Seabridge was acquitted, and thereupon brought this action, claiming that his arrest and prosecution were malicious.

The verdict of the jury was against defendant McAdam, the appellant here, and we cannot say that the evidence was insufficient to support it. In view of all the facts, the amount of damages awarded to plaintiff (eight hundred dollars) may be said to be somewhat excessive. It is very difficult to see wherein plaintiff has been damaged in any such amount. Even when exemplary damages are allowed, some limit within reason should be fixed, but, as the ease must be returned for a new trial upon other grounds, we…