Malloy v. Chicago, Milwaukee & St. Paul Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. JONES, Judge. Action by J. F. Malloy against the Chicago, Milwaukee & St. Paul Railway Company, for damages for malicious prosecution. From a judgment for defendant upon a directed verdict, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. JONES, Judge. Action by J. F. Malloy against the Chicago, Milwaukee & St. Paul Railway Company, for damages for malicious prosecution. From a judgment for defendant upon a directed verdict, and from an order denying a new trial, plaintiff appeals. (2) Under point two of the opinion, Appellant cited: Railroad Co. v. Brown (Kan.) 4-8 Pac. 31; Harr v. Ward, 73 Ark. 437, 84 S. W. 496; Wells v. Parker, 76 Ark. 41, 88 S. W. 602; Chicago Forge & Bolt Co. v. Rose, 69 Ill. App. 123; Torsch v. Dell, 88 M'd. 459, 41 Atl. 903; Thurkettle v.…
1Opinion of the CourtGates', J.
Plaintiff, an employee of the defendant company at Aberdeen, was, on February 8, 1908, arrested upon a complaint made by one Sheehan, a special agent or detective of the company, charging him with the theft of company coal on October 25, 1907. A preliminary hearing was had on February 13, 1908, and he was bound over to the circuit court and confined in the Brown county jail until March 27, 1908, when he was' released upon bail. On December 5, 1908, the cause was dismissed without trial upon the recommendation of the state’s attorney. This is an action for malicious prosecution and was begun…
2Cases cited5 opinions
- Holliday v. HollidayCalifornia Supreme Court · 1898
- Johnson v. MillerSupreme Court of Iowa · 1886
- McIntosh v. WalesWyoming Supreme Court · 1913
- Gilfillan v. SchallerSouth Dakota Supreme Court · 1913
- Krause v. BishopSouth Dakota Supreme Court · 1904
3Cited by17 opinions
- Ryan v. Orient InsuranceSupreme Court of Vermont · 1923
- American Surety Co. v. PryorSupreme Court of Alabama · 1927
- Bucher v. StaleySouth Dakota Supreme Court · 1980
- Zamora v. Creamland Dairies, Inc.New Mexico Court of Appeals · 1987
- Larsen v. JohnsonSouth Dakota Supreme Court · 1920
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