Supreme Court of Canada
Nickerson v. Manning, [1928] S.C.R.
91
Date: 1927-10-10
Nickerson v.
Manning
1927: October 10.
Present: Duff, Newcombe,
Rinfret, Lamont and Smith JJ
ON APPEAL FROM THE COURT OF
APPEAL FOR BRITISH COLUMBIA
Malicious prosecution—Swearing
out and executing search warrant—S. 73 (1) Government Liquor Act—Reasonable and
probable cause—Malice—Indirect and improper motive—Quantum of damages.
APPEAL from the judgment of
the Court of Appeal for British Columbia, affirming the judgment of the trial judge, D. A.
McDonald J., and maintaining the respondent's action.
The respondent brought an action
against the appellant for damages for maliciously and without reasonable and
probable cause swearing out, obtaining and executing a warrant to search the
house of the respondent. The appellant, a police officer and a member of the
"dry squad," purported to act under s. 73
of the Government Liquor Act, R.S. B.C., 1924, c. 146.
The trial judge found in favour
of the respondent on the verdict of a jury and the judgment was affirmed by the
Court of Appeal.
The appeal to the Supreme Court
of Canada was dismissed with costs.
Appeal dismissed with
costs.
C. W. Craig K.C. for the
appellant.
H. S. Wood for the
respondent.
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