Indiana Supreme Court February 2, 1892, No. 14,043 (Evansville & Terre Haute Railroad v. Talbot)

McBride, J.

The appellee was prosecuted on a charge of embezzlement and acquitted.

*222He then commenced this suit against the appellant railroad company, and certain of its officers, charging that the prosecution was instigated by them, and that it was malicious and without probable cause.