Branson v. Donaldson

Cooper, Judge.

Appellant, the defendant in this malicious prosecution action, appeals from a judgment entered on a jury verdict for appellee.

Viewed in a light most favorable to the jury verdict, the evidence at trial showed that appellant’s property is crossed by a road which, at the time of the events which form the basis of this action, appellant claimed as private property. Many members of the public, however, including appellee, used the road as a public thoroughfare. One Sunday afternoon in October 1984, Billy Carter invited appellee and his son to drive with him down to the river, as…