Peckham v. Warner Bros. Pictures

MoCOMB, J.

From judgments in favor of plaintiffs after

trial before a jury in an action to recover damages for false arrest and false imprisonment, defendant Matthews appeals.

This case was formerly before us upon an appeal from a judgment in favor of defendant predicated upon the granting of his motion for a judgment notwithstanding the verdict of the jury. This court reversed the judgment, and subsequently a petition for a hearing before the Supreme Court was denied

(Peckham

v.

Warner Bros. Pictures, Inc.,

36 Cal. App. (2d) 214 [97 Pac. (2d) 472]). The present appeal is from the judgments based upon the verdicts of the jury as subsequently reduced in denying a motion for a new trial by the trial judge whereby he allowed the plaintiff Peckham $5,000 compensatory damages and $500 punitive damages and the plaintiff Sorrell $3,000 compensatory damages and $500 punitive damages.

Since the facts are identical with those presented to us on the previous appeal, it would serve no useful purpose to here repeat them. Reference is made to the statement thereof in

Peckham

v.

Warner Bros. Pictures, Inc., supra,

p. 215.

Defendant Matthews here contends that:

First: He was not liable for the detention of the plaintiffs, whether or not they were taken before a magistrate within a reasonable period after their arrest.

Second: The trial court did not fully instruct the jury upon certain questions of law involved in the trial of the present action.

Third: The amount of the damages awarded by the jury and as subsequently reduced by the trial court as a condition of denying defendant’s motion for a new trial is

excessive.

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