Minard v. Boss Hotels Co.

(dissenting) — I respectfully dissent.

The action was at law and for malicious prosecution. When both sides rested the court sustained a motion for a 'directed verdict made by the defendant, sustaining it on the sole ground that the plaintiff’s evidence failed to show that the prosecution was instigated by the defendants. In so ruling the lower court held that as a matter of law plaintiff, in that particular, had not made out a case sufficient to warrant a submission to the jury. The court stated that it was not necessary to pass upon the other grounds of the motion. The issue thus raised…