Vincioni v. Phelps Dodge Corp.

OPINION OF THE COURT

WATSON, J.

This action for malicious prosecution is the aftermath of State v. Vincioni, 30 N. M. 472, 239 P. 281, where most of the essential facts will be found stated.

At the close of plaintiff’s case the trial court directed a verdict for defendants, ruling that plaintiff had failed in proof of want of probable cause. The correctness of the ruling is the only question before us.

This court has held that want of probable cause is an element of a cause of action for malicious prosecution; that the plaintiff has the burden of proof; and that, the facts being undisputed, the…