Gerald P. White v. Chicago, Burlington and Quincy Railroad

LAY, Circuit Judge.

Defendant railroad appeals from a jury verdict against it in the sum of $15,000 for malicious prosecution and $20,000 for slander. Defendant urges that the trial court erred in failing to direct a verdict on both counts; in the alternative, in failing to grant defendant’s motion for new trial by reason of the alleged prejudicial comments of the trial judge and the excessive damages. We affirm.

Gerald P. White was employed by the defendant company as a truck driver. On March 25, 1966, he was reported by a Mrs. Nancy Wells as approaching her while her car and White’s truck…