Lammers v. Mason
Supreme Court of Minnesota
Action in the district court for Iiennepin county against W. P. Mason and the Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co. to recover $1,000 for malicious prosecution. The separate answer of the traction company was a general denial.
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Action in the district court for Iiennepin county against W. P. Mason and the Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co. to recover $1,000 for malicious prosecution. The separate answer of the traction company was a general denial. The case was tried before Dickinson, J., who denied defendants’ separate motions for a directed verdict and a jury which returned a verdict in favor of plaintiff for $250. From an order denying separate motions of defendants for judgment notwithstanding the verdict or for a new trial, they appealed.
1Opinion of the CourtPhilip E. Brown, J.
Appeal by defendants from an order denying their alternative motions after verdict for plaintiff, in an action to recover damages for malicious prosecution.
*205The assignments of error raise the single ultimate question of the sufficiency of the evidence to sustain the verdict as to each of the ■defendants, the amount of the recovery, however, not being challenged.
1. Defendants insist that neither want of probable cause nor malice was.shown. Both are essential, as distinct issues, to the maintenance of the action. Hanowitz v. Great Northern Ry. Co. 122 Minn. 241, 142 N. W. 196. As to the former,…
2Cases cited12 opinions
- Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913
- Smith v. MunchSupreme Court of Minnesota · 1896
- Burton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Moore v. Northern Pacific RailroadSupreme Court of Minnesota · 1887
- Hanowitz v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Rico v. StateSupreme Court of Minnesota · 1991
- Cox v. LauritsenSupreme Court of Minnesota · 1914
- Allen v. Osco Drug, Inc.Supreme Court of Minnesota · 1978
- Eastman v. Leiser Co.Supreme Court of Minnesota · 1921
- U.S. Fire Insurance Company v. Beltmann North American Co., Inc., and James J. CashCourt of Appeals for the Seventh Circuit · 1989
9 more not listed; retrieve them via the Exa API.