Johnson v. Southern Pacific Co.

This is an action to recover damages alleged to have been caused by a prosecution initiated by the defendants against the plaintiff, which plaintiff avers was done- , maliciously and without probable cause. The answer denied the material allegations of the complaint, including the allegation of want of probable cause. There was a verdict for " the plaintiff and judgment was entered accordingly. The defendants’ motion for a new trial was denied. Appeals are taken both from the judgment and from the order denying a new trial.

The only question which it is necessary to notice is the contention of…