The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-04-22


the issueo OF of damages
OPINION OF THE COURT WHITING. j.
This is an for malicious prosecution The jury rem
ered verdict the plaintiff for $4,000 defendants motion
for granted by the trial judge the ground
of damages and the trial limited to the sole
issue the quanum damages Both parties come to thus
court on exceptions The plaintiff claims that the TRIAL
court erred granting trial. and the defendant claims
that new trial should have ordered without mita
to the issues
The decision judge W. L. Stanley, the de
for trial this ground, is follows:
The general rule as to setting verdc upon the ground
of damages believe to be that IN OF tort the
verdict will be disturbed unless it excessive out
ageous with reference all the circumstances OF the ca as
demonstrate that the jury have acted against the rules OF
law have suffered their passions their prejudice their per
disregard of justice to misead them The court IN setting
aside verdict for excessive damages should clearly see that
they excessive there has been gross that there
has been mistake of the principles which the damages
have been estimated improper motives, feelings or
bias which has influenced the jury
Sedgwick Measure of Damages p COL. Also Woods
Mayne Damages, p TAG. Am. & Eng Encycl OF Law,
repeatedly recognized and enuncad in
decisions courts that take to be the law OF this
country See Whittit Miller, Haw 142; Coney Doo-
set Haw 74O Bernard Dc another Loo Nga,ok Haw.
214 Aauv Eve,ett7 Haw so; ayers Mnhuko9 Haw $50;
MARCEL Freitas 3D. $780, Iaukea Cummings ID $50; and
further Section 1928 Comp. Laws (p. 328).
Whenever however, it appears that the damages clearly
large clearly acknowledged that is
trial In determining the question whether the damages
excessive regard be had to the
of the
The declaration states that the 1 day of July 1897 the
defendant, j. H Kamaunu signed and a warrant
for the of the plaintiff the charge of apaau Ike
Hoonanamana Kohala, Hawaii the month of March,
1897 and caused the to be issued by r. H. Atkins, Dis
ict Magistrate of Kohaa; that the plaintiff arrested and
imprisoned upon the for period of twenty four hours
thai the Cd July 1897 she before the
said District Magistrate by c. FL Puaa Deputy Sheriff. of the
district, codefendan and j. K Nahae and the close
of
Upon the trial of the appearing that the defendant
c. H Pulaa took no part prosecution of charge
against plaintiff upon motion of defendants counsel
suit entered and the proceeded against kaun the
remaining defendant.
having with accident DR. Bond the Government phys
clan for the district first attended her. but finding his treat
nent of avail the refused his services and until
the plaintiff nteposed without attention of any The
plaintiff have attended her assduous but finally
the died The charge of entered against
plaintiff instituted the theory that the defendant
employed unlawful effect the of the and
in fact guilty of soey and played the of kahuna
towards her. On the evidence adduced feel satisfied Gas did
Judge Atkins who tried the cae) that there particle
of evidence against her substanae the charge The plain
tiff the wife of native PASTOR and she appears have acted
towards the deceased Christian lady houd she
dressed her wounds and mnistered her temporal and spiritual
the spirit of charity and in other. Evidence of
of of healing by hoomanaana there
but substitute therefor it attempted by the defense
reputation being kahma
but the evidence produced weakest The
of may be Judged from the fact that the witnesses
almost without exception dated this reputation from period
five years back 1S93) when also admitted that
that period there had been serious split in religious circles
in Koha the husband of the plaintiff espousg the royals
sde and becoming pastor of those of the congregation who
held the political The witnesses when
examined her reputation almost invariably replied that
she had the reputation of visiting the sick and reading the Bible
to them And this appears to to be the extent of her
taon kahuna. have dwelt at length this phase
of the that the jury fully satisfied
verdict for the plaintiff especially when appeared that
kamaunu the defendant in signing and swearing to the
rant acted almost exclusively upon the orders of superior
officer and without knowledge of facts within his breast
which would constitute probable cause for his action
1t being opinion that the plaintiff entitled
damages at the hands of the jury the damages awarded
excessive The plaintiff have above remarked, is the
OF native pastor who prior to the Revolution of 1898