Morton v. Chesapeake & Ohio Railway Co.

This case involves an action for malicious prosecution instituted by John David Morton against the Chesapeake and Ohio Railway Company (currently known as CSX) and its employee, B.L. Wheeler. After the Circuit Court of Fayette County directed a verdict in favor of Mr. Wheeler, the jury returned a verdict against the railway and awarded Mr. Morton $15,000 in damages. The railway appealed to this Court. We reverse the circuit court because after Mr. Wheeler was dismissed, the circuit court should have dismissed the railway because the evidence was not sufficient to support a verdict against the…