Smith v. Zent

— Suit by the appellee for a malicious prosecution, in which the appellant was charged with obstructing a highway.

The prosecution failed and was ended.

• Answer, the general denial; trial by jury; verdict for plaintiff for fifteen dollars, accompanied by answers to interrogatories, showing that a highway had been laid out thirty feet wide, and used for many years; that Zent, the appellee, built a fence along his land, whereby he reduced the width of the road to eighteen feet. In answer to an interrogatory as to the width and convenience of the road after Zent had built this fence, they said: “…