{ "id": 8660495, "name": "GEORGE S. SIGMON v. R. B. SHELL", "name_abbreviation": "Sigmon v. Shell", "decision_date": "1914-05-13", "docket_number": "", "first_page": "582", "last_page": "587", "citations": [ { "type": "official", "cite": "165 N.C. 582" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "164 N. C., 290", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8657422 ], "opinion_index": 0, "case_paths": [ "/nc/164/0290-01" ] }, { "cite": "87 N. C., 477", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8695435 ], "opinion_index": 0, "case_paths": [ "/nc/87/0477-01" ] }, { "cite": "135 N. C., 95", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8658464 ], "opinion_index": 0, "case_paths": [ "/nc/135/0095-01" ] }, { "cite": "10 Cush., 418", "category": "reporters:state", "reporter": "Cush.", "case_ids": [ 1991582 ], "opinion_index": 0, "case_paths": [ "/mass/64/0418-01" ] }, { "cite": "118 Ga., 860", "category": "reporters:state", "reporter": "Ga.", "case_ids": [ 420215 ], "opinion_index": 0, "case_paths": [ "/ga/118/0860-01" ] }, { "cite": "166 N. Y., 325", "category": "reporters:state", "reporter": "N.Y.", "case_ids": [ 2287132 ], "opinion_index": 0, "case_paths": [ "/ny/166/0325-01" ] }, { "cite": "96 Md., 715", "category": "reporters:state", "reporter": "Md.", "case_ids": [ 2077195 ], "opinion_index": 0, "case_paths": [ "/md/96/0715-01" ] }, { "cite": "66 Ill. App., 173", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 5186765 ], "opinion_index": 0, "case_paths": [ "/ill-app/66/0173-01" ] }, { "cite": "173 Mass., 94", "category": "reporters:state", "reporter": "Mass.", "case_ids": [ 21615 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/mass/173/0094-01" ] }, { "cite": "89 N. C., 287", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8683185 ], "opinion_index": 0, "case_paths": [ "/nc/89/0287-01" ] }, { "cite": "90 N. C., 699", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 } ], "analysis": { "cardinality": 509, "char_count": 9442, "ocr_confidence": 0.48, "pagerank": { "raw": 1.6479634365545592e-07, "percentile": 0.6922210522698428 }, "sha256": "55d87423abc32c11e7d007d3d3f3201009242a4cb9a965c3c54b326440502d77", "simhash": "1:e1a105345214e5af", "word_count": 1635 }, "last_updated": "2023-07-14T20:20:28.606556+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "GEORGE S. SIGMON v. R. B. SHELL." ], "opinions": [ { "text": "Walker, J.,\nafter stating the case:. An inspection of the record will show that this case was carefully tried below, and the issues, evidence, and law bearing thereon were so clearly and fully explained by the learned judge who presided at the trial, to the jury, that we do not think there could have been any misunderstanding of the questions involved. Many exceptions were taken to the charge of \"the court, but it appears therefrom that the court instructed -the jury in strict accordance with the principles applicable to such cases as have been settled by this Court. The charge is supported by this statement of the law, by Ghief Justice Smith, in S. v. McNinch, 90 N. C., 699: \u201cIn making an. arrest upon personal observation and without warrant, the officer will be excused when no offense has been perpetrated, if the circumstances are such as reasonably warrant the belief that it was (Neal v. Joyner, 89 N. C., 287), and the jury must judge of the reasonableness of the grounds upon which the officer acted.\u201d There can be no question that the judge stated the law, in this respect, with sufficient clearness, and gave the defendant the full benefit of it. With the exceptions relating thereto settled adversely to the defendant, there is really nothing left but an issue of fact, which the jury have decided against bini, unless there was error in that part'of the charge where the court instructed the jury that, as defendant pleaded justification of the arrest, the burden was upon him to establish the defense to -the satisfaction of the jury by a preponderance of the evidence.\nDefendant had no process for the arrest, and he committed an assault unless, in some way, he can excuse or justify his conduct ; and, too, the question of his good faith and the reasonableness of his acts were in issue, and these called for proof from him. \u201cThe onus of justification in issue, primarily rests with the defendant.\u201d 19 Cyc., 363, and cases in note: Jackson v. Knowlton, 173 Mass., 94; M. C. Railway Co. v. Gehr, 66 Ill. App., 173; Edger v. Burke, 96 Md., 715; Snead v. Bonnoil, 166 N. Y., 325; Franklin v. Amerson, 118 Ga., 860. In Jackson v. Knowlton, supra, the lower court charged that \u201cthe burden of proof, by a fair preponderance of the evidence, was upon the plaintiff to show that the defendants did not have, at the time of the arrest and imprisonment, probable cause to believe that the plaintiff was guilty of a crime,\u201d\u00bband the reviewing Court said: \u201cWe are of opinion that this instruction was wrong, and that the jury should have been instructed in accordance with the plaintiff\u2019s contention. It was long ago said by Lord Mansfield: \u2018A gaoler, if he has a prisoner in custody, is prima facie guilty of an imprisonment; and therefore must justify.\u2019 Badkin v. Powell, Cowp., 476, 478. So in Holroyd v. Doncaster, 11 Moore, 440, and 3 Bing., 492, it was said by Chief Justice Best: \u2018Where a man deprives another of his 'liberty, the injured party is entitled to maintain an action for false imprisonment, and it is for the defendant to justify his proceeding by showing that he had legal authority for doing that which he had done.\u2019 The precise point involved in this case was decided in favor of the plaintiff\u2019s contention in Bassett v. Porter, 10 Cush., 418, in which it was said by Mr. Justice Metcalf, in delivering the opinion of the Court: \u2018Every imprisonment of a man is prima facie a trespass, and in an action to recover damages therefor, if the imprisonment is proved or admitted, the burden of justifying it is on the defendant.\u2019 This case has not been overruled or questioned in this Commonwealth. The same rule prevails in an action for an assault. If the assault is admitted or proved, the burden is on the defendant 'to prove justification,\u201d citing cases. The Court concluded that, in an action for an illegal arrest and imprisonment, the burden is on the defendant to prove justification.\nThe requirement in the charge of the court that the jury should be \u201csatisfied\u201d as to the facts of justification, did not increase the burden or the quantum of proof which should come from the defendant in- order to establish a justification. It was so held in Chaffin v. Manufacturing Co., 135 N. C., 95. \u00a5e there said: \u201cThe use of the word 'satisfied\u2019 did not intensify the proof required to entitle the plaintiffs to the verdict. The weight of the evidence must be with the party who has the burden of proof, or else he cannot succeed. But surely the jury must be satisfied or, in other words, be able to reach a decision or conclusion from the evidence and in favor of the plaintiff which will be satisfactory to themselves. In order to produce this result, or to carry such conviction to the minds of the jury as is satisfactory to them, the plaintiff\u2019s proof need not be more than a bare preponderance, but it must not be less. The charge, as we construe it, required. only that plaintiffs should prove their case by the greater weight of the evidence.\nMost of the exceptions were taken to large portions of the charge, which were, at least, partially correct, and when this is the ease the exceptions must fail. The exception must point out and specify the error; otherwise, it will be too general. S. v. Ledford, 133 N. C. at 722; Bost v. Bost, 87 N. C., 477; Insurance Co. v. Sea, 21 Wall. (U. S.), 158; Buie v. Kennedy, 164 N. C., 290.\nThere were several objections to evidence. -It was correct in the court to restrict the evidence of reputation to general character of the party, as a witness. His character was not otherwise relevant, as it was not involved in the issue. 16 Cyc., 1270.\nWhat transpired while the arrest was being made was competent as part of the transaction, or of the res gestee. It was not competent, though, for defendant to show what had occurred at another time and place, or things done by or between third parties. There were some other exceptions to evidence, but they are unimportant and require no discussion. The rulings in respect to them were manifestly correct.\nWe have carefully examined and reviewed the ease, and find no reason for a reversal of the judgment. The cause has been fairly tried upon the evidence and under correct rulings of the court, and the -result should not be disturbed.\nNo error.", "type": "majority", "author": "Walker, J.," } ], "attorneys": [ "W. A. Self and S. A. Jordan for plaintiff.", "A. A. Whitener for defendant." ], "corrections": "", "head_matter": "GEORGE S. SIGMON v. R. B. SHELL.\n(Filed 13 May, 1914.)\n1. False Arrest \u2014 Liability of Officer \u2014 Reasonable Belief \u2014 Trials\u2014 Questions for Jury.\nAn officer acting without warrant and on his personal observation will not be liable in damages for making an arrest when no offense has been committed, if, under the circumstances, he had reasonable grounds for believing that it had been; the reasonableness of the belief presenting matters of fact for the determination of the jury, with the burden upon the defendant to show justification for the act when this defense is pleaded and relied upon.\n2. Trials \u2014 Burden of Proof \u2014 Instructions\u2014\u201cSatisfy\u201d the Jury.\nIn an action against an officer for unlawful arrest and false imprisonment, it is not error for the court to charge the jury that the defendant must \u201csatisfy^ them of the matters in justification relied on by him, for this does not increase the burden or quantum of proof required of him.\n3. Trials \u2014 Instructions\u2014Correct in Part \u2014 Exceptions.\nExceptions to portions of the charge of the court to the jury, in which there were correct principles of law stated applicable ' to the evidence in the case, will not be considered on appeal, it being required of the appellant to specify or point out the particular errors alleged.\n4. Trials \u2014 Witness\u2014General Character \u2014 Impeaching Evidence.\nEvidence of the character of a witness, who has testified in an action, should be restricted to general character, and it is proper \u25a0 for the trial court to so restrict it.\n5. Trials \u2014 Evidence\u2014Res Gestae \u2014 Officers\u2014False Arrest.\nIn an action against an officer for false arrest and imprisonment, while acting on his own observation without a warrant, evidence of matters transpiring while the arrest was being made is competent against the prisoner, as a- part of the res gestee, but it is incompetent to show what had occurred at a different time or place. offered to sustain tbe allegations of the respective parties. Under the evidence and charge of the court, the jury returned the following verdict:\nAppeal by defendant from Cline, J., at November Term, 1913, of Catawba.\nTbis action was brought to recover damages for the unlawful arrest and false imprisonment of the plaintiff by the defendant. The arrest was made for the violation of an ordinance of the city of Hickory forbidding drunkenness and cursing in a public place in said city. Plaintiff alleges that the defendant, a policeman of the city, arrested him, without a warrant, for cursing and being drunk on the streets, when neither charge was true, and defendant says that he was drunk and cursing on the streets near Abernathy\u2019s stables. There was much evidence\n1. Did the defendant wrongfully and unlawfully arrest the plaintiff and restrain him from his liberty, as alleged ? Answer: Yes.\n2. Did the defendant wrongfully and unlawfully assault the plaintiff and injure his arm, as alleged in the . complaint ? Answer: Yes.\n3. What damage, if any,- is the plaintiff entitled to 'recover of the defendant? Answer:'The sum of $600.\nJudgment' was entered thereon, and defendant appealed,\nW. A. Self and S. A. Jordan for plaintiff.\nA. A. Whitener for defendant." }, "file_name": "0582-01", "first_page_order": 630, "last_page_order": 635 }