Williams v. Pullman Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $2,999 for malicious arrest and criminal prosecution. The case was tried before Olin B. Lewis, L, who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for the amount demanded.
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Action in the district court for Ramsey county to recover $2,999 for malicious arrest and criminal prosecution. The case was tried before Olin B. Lewis, L, who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for the amount demanded. Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was granted unless plaintiff consented to a reduction of the verdict to $2,000. Rrom the order denying its' motion for judgment notwithstanding the verdict and granting a new trial unless plaintiff consented to a reduction of…
1Opinion of the CourtHolt, J.
Action for malicious arrest and criminal prosecution in which plaintiff had a verdict. Defendant appeals from an order denying its motion for judgment notwithstanding the verdict or a new trial.
In an action to recover damages for a malicious criminal prosecution plaintiff must prove want of probable cause. All our decisions, from the early case of Chapman v. Dodd, 10 Minn. 277 (350) to Cox v. Lauritsen, 126 Minn. 128, 147 N. W. 1093, are to that effect. The acquittal in the criminal prosecution is not evidence of want of probable cause for its institution. Chapman v. Dodd, supra; Shafer v.…
2Cases cited14 opinions
- Jones v. MorrisonSupreme Court of Minnesota · 1883
- Smith v. MunchSupreme Court of Minnesota · 1896
- Burton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Cox v. LauritsenSupreme Court of Minnesota · 1914
- Moore v. Northern Pacific RailroadSupreme Court of Minnesota · 1887
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3Cited by6 opinions
- Virginia Railway & Power Co. v. KlaffSupreme Court of Virginia · 1918
- Eastman v. Leiser Co.Supreme Court of Minnesota · 1921
- Petruschke v. KamererSupreme Court of Minnesota · 1915
- Polzin v. LischefskaSupreme Court of Minnesota · 1925
- Reiherzer v. BreskySupreme Court of Minnesota · 1927
1 more not listed; retrieve them via the Exa API.