Shippers' Best Express, Inc. v. Newsom

This is an appeal from a judgment and verdict in favor of Newsom for $6,800 on his counterclaim for malicious prosecution in a suit by Shippers’ against him (an independent truck driver) based on breach of a lease of one of Shippers’ trailers. Shippers’ was awarded $3,552 for the breach, as against Newsom’s counterclaim judgment.

Newsom made a number of hauls under the lease, which called for 67 percent of the gross revenues. The controversy between the two revolved around variations of the terms depending on kind of freight hauled, whether the cargo was dairy or meat products, dead-heading,…