TORT for malicious abuse of civil process in the attachment of real estate of the plaintiff. Writ in the District Court of West;rn Hampden, dated February 21, 1912. Page 210 On appeal to the Superior Court, the case was tried before Ratigan, J. The material facts are stated in the opinion. At the close of the evidence, the plaintiff asked the judge to rule as follows : 1. "The jury are to take into consideration in awarding damages the circumstances of the case, the nature of the attachment, and its natural effect upon the reputation, credit, financial standing and the injury to the private feelings of the plaintiff." 2. "If the jury shall find that the defendant in making said attachment was actuated by express malice, the jury may award exemplary damages. In fixing the amount of such damages the jury may take into consideration the nature of the wrong done and the circumstances of making the attachment, and the results therefrom." The defendant asked for the following rulings: "1. On all the evidence the plaintiff is not entitled to recover. "2. On the pleadings and evidence the plaintiff is not entitled to recover. "3. The action was prematurely brought." All of the foregoing rulings were refused. The jury found for the plaintiff in the sum of $1; and both parties alleged exceptions. The case was submitted on briefs. A. S. Kneil, for the plaintiff. J. D. Kaps, J. L. Doherty & W. G. Brownson, for the defendant.
Posted on: Tue, 02 Jul 2013 22:41:56 +0000
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