Kincaid v. Sears, Roebuck & Co.

The action below was commenced by plaintiff Leslie Kincaid against defendant Sears, Roebuck & Company for damages for malicious prosecution. It was tried before a jury. Plaintiff appeals from an order of the superior court granting defendant’s motion for a new trial. Defendant appeals from an order denying its motion for judgment notwithstanding the verdict.

The following appears to be uncontroverted. Plaintiff was employed by defendant as an outside household appliance serviceman. His company truck contained an inventory of spare parts and material belonging to defendant. He advertised his…