Glasgow v. Owen
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. This suit was brought by Owen against Glasgow to recover damages for an alleged malicious prosecution begun by Glasgow against plaintiff, in which he was alleged to have been maliciously and without probable cause charged with cutting and breaking down Glasgow’s fence, in McLennan county — verdict and judgment for plaintiff for two hundred dollars.
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Appeal from McLennan. Tried below before the Hon. B. W. Rimes. This suit was brought by Owen against Glasgow to recover damages for an alleged malicious prosecution begun by Glasgow against plaintiff, in which he was alleged to have been maliciously and without probable cause charged with cutting and breaking down Glasgow’s fence, in McLennan county — verdict and judgment for plaintiff for two hundred dollars. Owen, it seems, was overseer of a road for Hill county, which was ordered to be opened into McLennan county near the line and through Glasgow’s pasture. In opening the road, Owen cut,…
1Opinion of the Court
Collard, Judge.
The first assignment of error is in relation to the charge of the court in whiefti the jury are told, in effect, that if Owen was acting in obedience to an order of the commissioners court of Hill county in opening the road in good faith, and crossed over into McLennan county and cut Glasgow’s fences, the latter would still be liable in damages for prosecuting Owen for the trespass, if he did so upon malice without probable cause. We do not believe this charge is free from error. The jury should have been left to consider the fact of Owen crossing Over into McLennan county, in…
2Cases cited1 opinion
- S. Jacobs, Bernheim & Co. v. CrumTexas Supreme Court · 1884
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