Wagner v. Shannon

OVERTON, Justice.

This is an appeal from a judgment rendered against defendant for $1,600 for malicious prosecution. The case grows out of an automobile accident. As a result of the accident, plaintiff was charged in the criminal district court with driving an automobile while under the influence of liquor. He waived trial by jury, was tried before one of the criminal district court judges, and was acquitted.

The accident, briefly stated, occurred in this manner. On October 17, 1930, an automobile, owned by plaintiff, which at the time, we are justified in saying, was being operated by bis…