Haines v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Marshall, J.:

The plaintiff in an action for damages for malicious prosecution recovered judgment for $2,612, and the defendant appeals.

The plaintiff was arrested and placed in jail on the complaint of Minor Shaw, special agent of the defendant, charged with having stolen brass of the value of $25, the property of the defendant. A preliminary examination was held, but only by inference can it be deduced that the plaintiff was bound over for trial. The plaintiff alleged that the criminal prosecution was dismissed in the district court; other than that…