Johnson v. Whittington

MARTIN (Robert M.), Judge.

Plaintiff brought this civil action seeking recovery of damages allegedly suffered by him as a result of a criminal prosecution instituted against him at defendant’s behest. He contends that the prosecution was malicious, in that there was no probable cause for the issuance of any warrant for his arrest.

Evidence received at trial tended to show that plaintiff was an employee at defendant’s plant shop and greenhouses. Over a period of time, inventory checks at the plant shop revealed that significant numbers of plants of a broad range of varieties were missing and not…