Smith v. Kidd

CULLEN, Commissioner.

In an action for malicious prosecution, against Smith Motor Sales and its manager, Lawson Walters, the jury returned a verdict for $1,000 in favor of the plaintiff, Lawrence M. Kidd. From the judgment entered upon that verdict, the defendants, ■have appealed.

The appellants maintain that the trial court erred: (1) In refusing to sustain their demurrer to the petition; (2) in refusing to. grant their motion for a peremptory instruction; (3) in admitting incompetent evidence; (4) in giving an instruction authorizing recovery for physical pain and impaiinment of health; and…