ACTIONS FOR WRONGS.

ACTIONS FOR WILFUL INJURIES TO PERSONS.

- day of

No. 308. Complaint for assault and battery. (Title and commencement of action as in No. 42.) That on the A. D. 18, the defendant, with force and arms, unlawfully and maliciously made an assault upon the plaintiff, and with (a club), fists and feet did beat, pound, bruise and ill-treat the plaintiff, and other wrongs to the plaintiff then and there did, to the damage of the plaintiff

dollars.

Wherefore (demand judgment). (Verification.)

(Signature.)

No. 309. Complaint for malicious prosecution on criminal

charge.

(Title and commencement as in form No. 42.)

day of

A. D. 18-, at

the

That on the defendant maliciously contriving and intending to injure the plaintiff in his good name, fame and credit, and to put him to trouble, expense and loss, did appear before one A. B., a justice of the peace in and for the county of, in said state, and maliciously and without any probable cause whatever, did make complaint on oath, charging the plaintiff with having feloniously taken, stolen and carried and driven away a certain horse, the property of one C. D., of the value of -- dollars; and maliciously and without probable cause, procured said justice to grant and issue a warrant for the arrest of the plaintiff upon said false charge.

That, on said day, so moved, the said justice issued a warrant running in the name of the state, in due form of law, commanding the sheriff or any constable of said county forthwith to arrest

the plaintiff upon said charge, and bring him before said justice to be dealt with according to law.

That by virtue thereof the sheriff of said county, on said day arrested the plaintiff and imprisoned him for

the plaintiff was obliged to give bail, and did give
sum of
dollars, to obtain his enlargement.

day of

hours; and bail, in the

A. D. 18-,

That afterwards, and on the the plaintiff was examined before said justice on said charge, and it was by said justice, upon such preliminary examination, found and adjudged that there was not probable cause to believe the plaintiff guilty of said crime so charged, or of any offense whatsoever, and the plaintiff thereupon was acquitted and discharged, and since that time the defendant has not further prosecuted said charge and complaint, but has abandoned the same.

That sail charg⚫ and arrest were bruited abroad and extensively pubiichid in several public newspapers, among others, the by and through the procurement of the defendant, as the plaintiff is informed and believes.

That by means of the premises the plaintiff was injured in person, prevented from attending to his business, compelled to pay dollars, costs and counsel fees in his defense, and suffered great loss of trade and business and custom in his trade through the disrepute into which he was thus maliciously brought by such prosecution by the defendant, to his damage(Dem al julgment.)

-dollars.

No. 310. Complaint for malicious prosecution — arrest in a

civil action.

(Title and commencement as in form No. 42.)

day of

A. D. 18-, at

the

That on the defendant maliciously contriving and intending to injure the plaintiff, and without probable cause, commenced an action against the plaintiff in the (circuit court for county), upon

a complaint duly filed thereon, in which he falsely alleged and charged that the plaintiff had theretofore and on the

day

of -, A. D. 18 wrongfully and unlawfully taken one horse, the property of the defendant, and of the value of three hundred dollars, and converted the same to this plaintiff's own use.

That on said

day of

A. D. 18, the defendant,

maliciously made in said action for said pretended taking and

day of

conversion a false affidavit, in which, intending to injure the plaintiff and procure his arrest and imprisonment, he falsely and maliciously averred and made oath that this plaintiff (defendant in said action) did on said A. D. 18-, unlawfully and wrongfully take and convert to this plaintiff's own use, the said horse, the property of him, the defendant, and of the value of three hundred dollars, and thereupon presented the same to the Honorable the circuit judge of said court, and demanded thereon an order for the arrest of this plaintiff (the defendant in said action).

That by said affidavit so maliciously made it was falsely made to appear that a sufficient cause of action existed against this plaintiff, and in the defendant's favor, for an order for the arrest of this plaintiff therein; and, thereupon, the said judge, misled by said false affidavit, issued in due form of law an order for the arrest of this plaintiff in said action, and holding him to bail in the sum of fire hundred dollars, which order the defendant delivered to the sheriff of said county.

of

That, thereupon, the sheriff of said county, on the

day

A. D. 18-, arrested the plaintiff by virtue of said order, and imprisoned him for the space of two days, and compelled him to give bail in the sum of

dollars.

That thereafter, on motion of this plaintiff, the said order of arrest was vacated on the ground that the same had been issued improperly and without a sufficient cause existing therefor.

(Or, That such proceedings were thereafter had in said action, that, on the day of A. D. 18-, it was duly adjudged that the defendant (plaintiff therein) had no cause of action, and that the plaintiff recover his costs in said action.)

That by means of the premises the plaintiff was injured on his person, name, fame and credit, prevented from pursuing his business, compelled to pay counsel fees in defending himself, to obtain bail, and was injured in his business, lost custom, trade and employment, in all to his damage, two thousand dollars, for which, with the costs and disbursements of this action, he demands judgment against the defendant.

(Verification.)

(Signature.)

No. 311. Complaint for assault and battery and false im

prisonment.

(Title and commencement as in No. 42.)

That on the

day of

A. D. 18-, the defendant

assaulted and beat the plaintiff, and, without right, forcibly, falsely an 1 maliciously imprisoned him without reasonable cause, and detained him (in jail) for -- days, preventing him from

attending to his business, to the plaintiff's damage lars.

(Demand judgment.)

No. 312. False imprisonment — another form.

(Title and commencement.)

dol

That the defendant, on the

day of

A. D. 18-,

at

with force and arms, unlawfully and maliciously made an assault upon the plaintiff, seized hold of him and violently pulled and dragged him, the plaintiff, and forced the plaintiff along the public streets to the common jail of said county, and then and there imprisoned and detained the plaintiff in said jail for theo days, without any reasonable or probable cause whatever, contrary to law and against the will of the plaintiff, to the great injury of the plaintiff in body and mind, and in his credit and good repute, to his damage dollars.

(Demand judgment),

ACTIONS FOR NEGLIGENCE.

No. 313. Complaint against railroad company for running into plaintiff at railroad crossing.

(Title and commencement as in form No. 42.)

That the defendant was at the time hereinafter mentioned and still is a railroal corporation daly organizel under the laws of this state, and owning an operating a railroad, called the railroad, running through said county.

A. D. 18 -,

That on the --- day of traveling in a carriage drawn by two horses, his own property, the plaintiff was and of the value of one thousand dollars, along the public high

way from

to

which highway crosses the track of about one mile west of);

said railroad (on section and as the plaintiff had reached said crossing, and while crossing the same, the defendant negligently caused one of its locomotives propelled by steam, with a train of cars attached, to approach and rapidly pass the said crossing, and carelessly omitted to sound the steam whistle, ring the bell, or otherwise notify the plaintiff of the approach of said locomotive and train.

That the said track is so negligently constructed that by reason of a sharp curve and deep cut the plaintiff was unable to see the said track from the highway on which he approached it.

That the plaintiff, in the exercise of due care, was then and there crossing said railroad track with said horses and carriage, and riding in said carriage, when by reason of the negligence of the defendant, its agents and servants, in running said train at a rapid rate and in omitting to give the plaintiff warning by sounding the whistle or ringing the bell of said locomotive, the locomotive and train ran with great force into the plaintiff's said team, instantly killing said horses, breaking the said carriage and throwing the plaintiff to the ground with such violence as to break his right leg, fracture his shoulder and otherwise greatly bruise and injure him.

That thereby the plaintiff lost said horses, and said carriage which was completely destroyed, was put to great expense of care and medical attendance, suffered great pain and anguish, was hindered and delayed in attending to his business (as a farmer), and permanently lamed and crippled, so as to unfit him for carrying on said business, in all to his damage ten thousand dollars, for which sum, with the costs and disbursements of this action, the plaintiff demands judgment against the defendant. (Verification.) (Signature.)

No. 314. Complaint against town for injury resulting from defect in public highway. R. S., sec. 1339.

(Title and commencement as in form No. 42.)

That at the time hereinafter mentioned, and for many years previous thereto, the defendant was and still is an organized town of this state, in said county.

That on the

day of

, A. D. 18-, there existed a public highway in said town, entering said town on the north