Chesapeake & Ohio Railway Co. v. Faverty

Opinion of the Court bv

Judge Dietzman

Reversing.

In this action for malicious prosecution, appellee recovered a judgment against the appellant in the sum of $600.00, to reverse which this appeal is prosecuted.

Appellant insists that it was entitled to a peremptory instruction, both at the close of the appellee’s caso and at the close of the whole case, and to this contention we agree. Appellee’s case was tried along with two other cases against the appellant before the same jury. For some reason which does not appear in the record she was not present at the trial and did not testify. It appears…