(DOWNLOAD) "Meinecke v. Skaggs" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Meinecke v. Skaggs
- Author : Supreme Court of Montana
- Release Date : January 12, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
1. False imprisonment ? Words constituting false imprisonment. There may be a false imprisonment by words alone without a touching of the individual, but the words must be such as the person claimed to be imprisoned feared to disregard. 2. False imprisonment ? Evidence not sufficient. Evidence that customer, being accosted by store manager, re-entered store for sole purpose of convincing manager that she had taken nothing for which she had not paid did not make a case for jury on issue of false imprisonment. 3. Evidence ? Character evidence admissible, when. Under statute, evidence of the character of a party is not admissible in a civil action until the character of such party has been impeached, unless the issue involves his character. 4. Libel and slander ? Character not put in issue. Complaint alleging that store manager, maliciously intending to injure plaintiffs good name and character, wrongfully accused her of theft and answer containing a general denial and affirmative defense did not put plaintiffs character in issue so as to render admissible evidence of her good reputation for honesty and integrity. 5. Appeal and error ? Refusal to admit good character evidence harmless error. Any error in not admitting evidence of plaintiffs good reputation for limited purpose of aggravating the damages in action for slander was harmless, where jury found issues in favor of defendants and never reached the question of damages. 6. Libel and slander ? Commission of crime not imputed. Request by manager of self-service store for package of capsules which he believed had been handed to customer by a clerk and not paid for did not impute the commission of a crime by customer so as to render evidence of her good reputation for honesty and integrity admissible in action for slander. 7. Libel and slander ? Instruction on character properly refused. Requested instruction as to presumption that plaintiff in action for slander was honest and of good moral character and not guilty of larceny from defendants store was properly refused, where application of instruction was not made conditional upon a finding that defendants manager had made alleged charge of theft against plaintiff and instruction contained additional matter which was erroneous. 8. Trial ? Instructions ? Partys right to. Ordinarily a party has a right to instructions adaptable to his theory of the case. 9. Libel and slander ? Instructions erroneous in part. A requested instruction erroneous in part is properly excluded even though part of the instruction if standing alone would have been allowed. 10. Libel and slander ? Effect when evidence evenly balanced. In action for slander, defendants were entitled to prevail if the evidence was evenly balanced or if plaintiff failed to make out a case, regardless of what proof was offered by defendants. - Page 309
 "Meinecke v. Skaggs" by Supreme Court of Montana ~ Book PDF Kindle ePub Free){kind=link}