Moore v. Durrer

THOMPSON (R. L.), J.

This is an appeal from a judgment which was rendered against the plaintiff pursuant to a directed verdict in an action for malicious prosecution. The sole question is whether the record contains substantial evidence of probable cause justifying the defendant in instituting a civil suit for damages against plaintiff in which he was charged with arson.

The plaintiff is a brother-in-law of the defendant. Plaintiff resides with his family near Beegum Peak in a sparsely settled portion of Tehama County. Within two or three miles of this home the defendant owned a summer cottage…