Mundal v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
Action in the district court for Freeborn county to recover $6,300 damages for the alleged false imprisonment and malicious prosecution of plaintiff on the criminal charge of placing obstructions upon the track of defendant’s railway. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
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Action in the district court for Freeborn county to recover $6,300 damages for the alleged false imprisonment and malicious prosecution of plaintiff on the criminal charge of placing obstructions upon the track of defendant’s railway. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. The question as to whether there was probable cause for the prosecution should not have been submitted to the jury. Probable cause is a…
1Opinion of the Court
START C. J.2
This is an action to recover damages for an alleged malicious prosecution of the plaintiff by the defendant. Verdict for the plaintiff for $1,000, and the defendant appealed from an order denying its motion for judgment notwithstanding the verdict, or for a new trial.
1. The first question to be considered is the contention of the defend*28ant that there is no evidence in the record that the defendant ever instituted or authorized the prosecution of the plaintiff. On Sunday afternoon, April 30, 1899, two oak ties were found upon the defendant’s railway track, some three and one-half…
2Cases cited6 opinions
- Smith v. MunchSupreme Court of Minnesota · 1896
- Moore v. Northern Pacific RailroadSupreme Court of Minnesota · 1887
- Larson v. Fidelity Mutual Life Ass'nSupreme Court of Minnesota · 1898
- Genevey v. EdwardsSupreme Court of Minnesota · 1893
- Cole v. AndrewsSupreme Court of Minnesota · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Neville v. MullenMontana Supreme Court · 1922
- Cox v. LauritsenSupreme Court of Minnesota · 1914
- Hanowitz v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- Eastman v. Leiser Co.Supreme Court of Minnesota · 1921
- Nelson v. International Harvester Co. of AmericaSupreme Court of Minnesota · 1912
6 more not listed; retrieve them via the Exa API.