Carr v. National Discount Corporation

SIMONS, Circuit Judge.

The action was by the appellant who sought damages from the appellee for an arrest and detention without probable cause. Trial was to a jury and at the conclusion of appellant’s evidence the district court, perceiving no proofs that the appellant had been arrested and detained upon complaint of the appellee, directed a verdict of no cause of action. The appellant, relying upon circumstances which he conceives justifies an inference that the appellee had instigated the arrest and detention and so raised an issue of fact for submission to the jury, brings the appeal. The…