Chicago Great Western Railway Company v. B. D. Robinson

DONOVAN, District Judge.

This action for damages for alleged malicious prosecution resulted in judgment for plaintiff in the trial court. For convenience the parties to this appeal will be referred to as plaintiff and defendant, as designated in the District Court.

Defendant is contending here that the prosecution of plaintiff was (a) neither commenced nor carried on by defendant and (b) if it were initiated by an officer, agent or employee of defendant, such conduct was outside the scope of duty and employment, and finally (c) that probable cause existed.

Preliminary to our consideration of the…