Simpson v. Montgomery Ward & Co.

Opinion by

Rhodes, P. J.,

This is the third appeal after the third trial of an action in trespass for malicious prosecution. Simpson v. Montgomery Ward & Company, 354 Pa. 87, 46 A. 2d 674; Simpson v. Montgomery Ward & Company, 162 Pa. Superior Ct. 371, 57 A. 2d 571. The jury again found for the plaintiff, and defendant has appealed from the judgment entered on the verdict. We shall set forth the evidence presented on the third trial to show the circumstances out of which the prosecution arose and the sharp conflict in the respective versions of what occurred.

Plaintiff testified that, with her…