Illinois Central Railroad v. Anderson

Opinion of the Court by

Drury, Commissioner

Reversing.

Appellee was awarded $6,500.00 against appellants for damages resulting from an alleged malicious prosecution. Readers of this opinion may find it interesting to read the opinion reported in 201 Ky. 408, 256 S. W. 1113.

Before daybreak, Monday, May 23, 1921, a passenger train operated by appellant en route from Louisville, Ky., to New Orleans, La.., was wrecked about four miles northeast of Paducah. This wreck was the result of the removal of one of the rails, to do which, some miscreant, with the aid perhaps of others of his kind, had broken…