Atchison, Topeka & Santa Fe Railway Co. v. Allen

Citations

• 70 Kan. 743
• 79 P. 648
• 1905 Kan. LEXIS 41

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Malicious Prosecution— Action for Damages —Erroneous Instruction. In an action for malicious prosecution it is error to instruct the jury to decide for themselves, under all the evidence, what belief a person of ordinary caution and prudence would have entertained, from all the facts known to the defendant when he made the complaint, upon a matter which would necessarily be determinative of the question whether there was probable cause for the institution of the criminal proceeding for which the plaintiff asks damages.</p>