Elmer v. Chicago & North Western Railway Co.

Upon the trial of this action, after the introduction of the evidence summarized above, defendant moved for a directed verdict. This motion was granted by the trial court, and judgment of dismissal was entered.

The immediate issue to be considered here is such that it becomes unnecessary to discuss in detail the evidence relating to the guilt or innocence of the plaintiff. The question is one of the existence of “probable cause.” Did the defendant’s agent have knowledge of such a state of facts and circumstances as to excite the belief in the reasonable mind acting on such facts and…