Callahan v. Kelso

JOHNSON, J. —

This is an action for malicious prosecution the trial of which in the circuit court resulted, in a verdict arid judgment for' plaintiff in the sum of $400 actual and $600 punitive damages. Defendant appealed and argues:, first, that plaintiff failed completely to sustain his burden of proof relating to *339the issues of probable cause and malice and, second, that the assignment of actual damages in the verdict was so excessive as to indicate that the jury were swayed by passion and prejudice.

The parties lived on adjoining farms in Chariton county for many years and had been intimate…