This section contains the nature of the case and procedural background.

P brought a civil action against D to recover damages for malicious prosecution and false imprisonment. The judge gave the following instruction: 'That the measure of damages in an action for malicious prosecution is not confined alone to actual pecuniary loss sustained by reason thereof; but if it is believed, from the evidence, that the arrest and imprisonment stated in the complaint were without probable cause, then the jury may award damages to plaintiff to indemnify him for the peril occasioned to him in regard to personal liberty, for injury to his person, liberty, feelings and reputation, and as a punishment to defendant in such further sum as they shall deem just.' P procured a verdict, and judgment entered. The jury awarded P punitive damages. D appealed, in part, contending the instructive given for punitive damages was improper.

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