Perry v. Washington National Insurance Co.

CASHIN, J., Dissenting.

I dissent from that part of the decision by the majority of this court denying plaintiff the right to recover for malicious prosecution. As stated in the majority opinion, the actions grew out of an altercation at the office of the corporation defendant. The plaintiff alleged and testified that at that time and place defendants Smith and defendant George, who were in the employ of the corporation, committed a battery upon him, causing him severe physical injury, as to the extent of which he was corroborated by a physician. According to the plaintiff, he committed no…