Court of Appeals of Kentucky (pre-1976) December 18, 1925 (Chesapeake & Ohio Railway Co. v. Faverty)

Opinion of the Court bv

Judge Dietzman

Reversing.

In this action for malicious prosecution, appellee recovered a judgment against the appellant in the sum of $600.00, to reverse which this appeal is prosecuted.

Appellant insists that it was entitled to a peremptory instruction, both at the close of the appellee’s caso and at the close of the whole case, and to this contention we agree.