Polk v. Missouri-Kansas-Texas Railroad Co.

In this the third trial of W.G. Polk's action against the Missouri-Kansas-Texas Railroad Company for malicious prosecution the jury returned a verdict for $9,000.00 actual damages and $18,000.00 punitive damages. On this appeal the railroad urges two points: (1) that under the last opinion in this case (Polk v. M.K. T. Ry. Co., 346 Mo. 793, 142 S.W.2d 1061) the court erred in permitting certain of the plaintiff's witnesses to testify that they had obtained and then been denied permission to carry out tests with reference to visibility in the defendant's yards in October, 1933; and (2) that…