Thompson v. Schulz

In this case Schulz sued Thompson for damages for malicious prosecution. There was a general verdict and judgment for him for $1,000. Thompson appealed in error and insists that a verdict should have been directed for him because there was no evidence to negative probable cause for the prosecution or to show Schulz suffered any damage in consequence of it.

It grew out of Schulz’s failure to pay for labor and materials under a contract between him and Thompson. Thompson owned a lunch wagon — an old interurban street car; its wheels had been taken off and it had been set on a foundation and…