Miller v. Chicago, M. & St. P. Ry. Co.
U.S. Circuit Court for the District of Western Missouri
Action for Damages. This suit was brought by T. H. B. Miller against the Chicago, Milwaukee & St. Paul Railway Company for maliciously causing his arrest and imprisonment upon a charge of arson in burning its depot at Niantic, Livingston county, Mo. Plaintiff was tried before a committing magistrate, and held to answer to the grand jury. The grand jury ignored the bill, whereupon this suit was instituted.
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Action for Damages. This suit was brought by T. H. B. Miller against the Chicago, Milwaukee & St. Paul Railway Company for maliciously causing his arrest and imprisonment upon a charge of arson in burning its depot at Niantic, Livingston county, Mo. Plaintiff was tried before a committing magistrate, and held to answer to the grand jury. The grand jury ignored the bill, whereupon this suit was instituted. At the trial, the question under investigation being whether the defendant’s agents acted without probable cause in instituting the prosecution, it was claimed on behalf of the plaintiff…
1Opinion of the Court
Philips, J.,
(orally.) The question to be decided here arises on a demurrer to the evidence, or an instruction asked on the part of the defendant to the effect that, notwithstanding the evidence introduced on the part of the plaintiff, the jury should find the issues for the defendant. Such a demurrer, of course, admits the truth of the facts as established by the evidence on the part of the plaintiff, and such inference as a jury might be warranted in making therefrom within the bounds of reason. So this demurrer is to be considered upon that theory of the evidence. The law in respect to…
2Cases cited10 opinions
- Pleasants v. FantSupreme Court of the United States · 1875
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Gates v. TustenSupreme Court of Missouri · 1886
- Vansickle v. BrownSupreme Court of Missouri · 1878
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3Cited by10 opinions
- Kvasnicka v. Montgomery Ward & Co.Supreme Court of Missouri · 1942
- Gulf States Paper Corp. v. HawkinsSupreme Court of Alabama · 1983
- Bonzo v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1939
- Brady v. StiltnerWest Virginia Supreme Court · 1895
- Lindsey v. CouchSupreme Court of Oklahoma · 1908
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