Minard v. Boss Hotels Co.

Hays, G. J.

Action for damages for a malicious prosecution. There was a directed verdict for the defendants, and plaintiff-appeals.' The sole question presented here is: “Is there sufficient evidence to submit to a jury the question of whether or not the appellees instigated or procured the criminal prosecution of the appellant?” This issue being primarily factual we must examine the facts in the light most favorable to appellant. Lawson v. Fordyce, 234 Iowa 632, 12 N.W.2d 301; Comfort v. Continental Casualty Co., 239 Iowa 1206, 34 N.W.2d 588.

On January 3,1946, appellant was arrested under a…