Dougherty v. Szivos

HOLMES, Circuit Judge.

This is an action for malicious prosecution, in which the court below granted appellee’s motion for an involuntary non-suit, and rendered judgment in his favor on the ground that the.evidence was insufficient to warrant submission of the case to the jury. The question before us is whether there was any issue of fact to be submitted to the jury on the question of probable cause.

The evidence disclosed that on the* night of October 13, 1952, the appellant and her husband, the former an employee of the United States in the Canal Zone, left the non-commissioned officers’ club…