Polk v. Missouri-Kansas-Texas Railroad

* NOTE: Opinion filed at May Term, 1940, July 3, 1940; motion for rehearing filed; motion overruled at September Term, 1940, September 10, 1940. W.G. Polk instituted an action for malicious prosecution against the Missouri-Kansas-Texas Railroad Company, a corporation, and recovered a judgment of $15,000. This is defendant's second appeal. As a sufficiently detailed statement for general purposes may be found in the opinion on first appeal (consult 341 Mo. l.c. 1217-1219, 111 S.W.2d l.c. 139-141), we mention only such facts as we deem necessary for the disposition of this review, which turns…