Krouse v. Feldshur

Opinion by

Rhodes, P. J.,

This is an action in trespass for malicious prosecution, which arose out of an unusual set of circumstances. The jury returned a verdict for plaintiff. Defendant’s motions for new trial and judgment n. o. v. were refused. From the judgment entered on the verdict defendant has appealed.

There was a conflict in the testimony as to the circumstances under which defendant acted and out of which the prosecution of plaintiff arose. Consequently, there is no merit in defendant’s contention on this appeal that his motion for judgment n. o. v. must he granted on the ground that…