Higgins v. Pratt

This is an action of tort for malicious prosecution for violation of G. L. (Ter. Ed.) c. 55, §§34 and 34A, arising out of the campaign for election to the board of selectmen at the town meeting of Barre held March 4, 1940, in which the plaintiff and the defendant were candidates. The jury returned a verdict for the plaintiff. The defendant’s exceptions relate to denial of his motion for a directed verdict, refusal of.certain of his requests for instructions, and exclusion of evidence.

Certain facts are not in dispute. About March 2, 1940, two days before election, the plaintiff distributed a…