Harris v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Hon. Arch B. Davis, Judge. (1) A citizen in good faith and without malice, under circumstances strongly tending to show guilt, instituting a criminal prosecution, should not be mulcted in damages because afterwards, upon a full investigation, the suspicious circumstances are explained, and the innocence of the party accused made apparent.
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Appeal from Daviess Circuit Court. — Hon. Arch B. Davis, Judge. (1) A citizen in good faith and without malice, under circumstances strongly tending to show guilt, instituting a criminal prosecution, should not be mulcted in damages because afterwards, upon a full investigation, the suspicious circumstances are explained, and the innocence of the party accused made apparent. Our courts incline to the encouragement of criminal prosecutions, when instituted in good faith, without malice, and for the purpose of punishing violators of the law, and suits for malicious prosecution are not favored.…
1Opinion of the CourtJohnson, J.
This is an action for malicious prosecution. Plaintiff recovered judgment for $2500 actual and $2500 punitive damages and defendants appealed. The action is an outgrowth of an unsuccessful prosecution of plaintiff for perjury. The defendant railroad company, acting by its general attorney, the defendant Trimble, procured the arrest and prosecution of plaintiff. At the conclusion of the evidence *264introduced at the trial of that case the court gave a peremptory instruction to the jury to return a verdict of acquittal. The ground of the ruling that the State had failed to make a case against…
2Cases cited15 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Pinson v. CampbellMissouri Court of Appeals · 1907
- McCoy v. Kansas City, St. Joseph & Council Bluffs RailroadCourt of Appeals of Kansas · 1889
- Glasgow v. MooreSupreme Court of Missouri · 1846
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3Cited by4 opinions
- Dewitt v. SyfonMissouri Court of Appeals · 1919
- Campbell v. MyersMissouri Court of Appeals · 1926
- State v. BarkwellMissouri Court of Appeals · 1979
- State v. BarkwellMissouri Court of Appeals · 1979