Simpson v. Montgomery Ward & Co.

Opinion by

Rhodes, P. J.,

On the first trial of this action in trespass for alleged malicious prosecution, the: jury returned a verdict against defendant and awarded plaintiff $3,000. From the judgment entered on the verdict, defendant appealed to the Supreme Court. The judgment was reversed and a venire facias de novo awarded (Simpson v. Montgomery Ward & Co,, 354 Pa. 87, 46 A. 2d 674). The second trial resulted in a verdict for plaintiff in the sum of $600, which the jury designated as being, in part at least, punitive damages. The court below refused defendant’s motions for judgment n. o. v.…