Polk v. Missouri-Kansas-Texas Railroad

Action for malicious prosecution. The petition was originally in two counts, the first being for false imprisonment, the second for malicious prosecution. At the close of the plaintiff's evidence he was required to elect on which count he would stand. He elected to stand on the second count. There was a verdict and judgment for the plaintiff for $20,000 actual and $2500 punitive damages, and the defendant appealed.

[1] The alleged malicious prosecution was in a justice of the peace court in the city of Parsons, in Labette County, Kansas. It was initiated and prosecuted at the instance of…