Burlington Transp. Co. v. Josephson

153 F.2d 372 (8th Cir. 1946)


Josephson (P) sued Burlington (D) for false arrest and obtained a jury verdict of $19,500 with costs of $44.50. P alleged that he was damaged in character, good name, and reputation, and that he was compelled to pay attorney fees and costs in order to obtain his release and that he suffered a large consequent loss of $100,000. During trial, P testified that he had to pay $500 for attorney fees and costs from the arrest and that because of his delay in returning to New York he sustained losses in the cost of remodeling a building which he had purchased. D appealed the verdict on the grounds that the damages from the building are special damages and not general damages and that the recovery of those were precluded because they were not plead and because they were speculative.