Shoemaker v. Southwestern Petroleum Co.

Opinion of the Court by

Judge McCandless

Reversing.

In a suit for malicious prosecution at the close of all the evidence a directed verdict was returned in favor of the defendants and this appeal is from the judgment entered thereon.

Appellant is a country merchant and owns a small farm, adjacent to his store. Appellees own oil and gas leases on adjoining property, having three gas wells a short distance from appellant’s residence and storehouse, though it does not use the gas from these. A controversy arose between the parties relative to the location of appellant’s fence, and appellees’…