Daniel v. Phillips Petroleum Co.

In the case at bar, respondent who was the plaintiff and will hereinafter be so designated, brought this action for damages against the appellants, defendants below, so designated hereinafter, predicating his claim for damages in two counts, to-wit: One for false arrest and the other for malicious prosecution. At the conclusion of the evidence, plaintiff elected to stand on the count for false arrest.

The evidence discloses that the plaintiff, together with one William Kitchen, had driven from plaintiff’s home at Glasgow, Missouri, to Kansas City, Missouri on a pleasure trip. Kitchen it…