Burlington Transp. Co. v. Josephson

Physician Josephson (plaintiff) sued Burlington Transp. Co. (Burlington) (defendant) for false arrest and imprisonment in South Dakota, pleading damage to reputation, humiliation, attorney's fees, and lost business time totaling $100,000 in general terms. At trial, a witness testified to specific attorney's fees of $500 and to lost rent and renovation costs on a building the witness owned, tied to Josephson's confinement; Burlington's objection to this testimony was overruled. The jury awarded Josephson $19,500 plus costs, and Burlington appealed.