Schmidt v. Leben

2 Citing cases

  1. Sabag v. Continental South Dakota

    374 N.W.2d 349 (S.D. 1985)   Cited 49 times
    In Sabag, we held that a psychological stress evaluation, which has the same intent and purpose as a polygraph examination, was not admissible in a civil proceeding.

    This Court and many other jurisdictions have held that defendants cannot insulate themselves from a malicious prosecution in reporting crimes to the authorities unless they have given "full and correct" information to those authorities. See Brumbaugh v. Frontier Refining Co., 173 Neb. 375, 113 N.W.2d 497 (1962); Schmidt v. Leben, 184 N.W.2d 611 (N.D. 1971); Bucher v. Staley, 297 N.W.2d 802 (S.D. 1980); Olson v. Wastlund, 62 S.D. 627, 256 N.W. 118 (1934); and Gladfelter v. Doemel, 2 Wis.2d 635, 87 N.W.2d 490 (1958). V.

  2. Shires v. Cobb

    271 Or. 769 (Or. 1975)   Cited 17 times
    Noting that "[i]t is the law of this state (and we have found no cases from other jurisdictions to the contrary) that public policy will protect the victim of a crime who, in good faith and without malice, identifies another as the perpetrator of the crime, although that identification may, in fact, be mistaken"

    41 Cal. 2d at 48-49.See also Miller v. Fano, 134 Cal. 103, 66 P. 183 (1901); Hughes v. Oreb, 36 Cal.2d 854, 228 P.2d 550 (1951); Schmidt v. Leben, 184 N.W.2d 611 (ND 1971). Our determination that plaintiff has failed to state a cause of action renders it unnecessary for us to consider defendants' other assignments of error.