Tolley v. Elwell Parker Electric Co.
Tolley v. Elwell Parker Electric Co.
Opinion of the Court
OPINION
In this case the plaintiff filed his petition containing three causes of action against the defendant. The first cause of action is for false arrest and imprisonment, the second is malicious prosecution and the third is slander.
As to the first cause of action, construing the evidence presented most favorably in behalf of. the plaintiff, as the trial court was obliged to do on the motion of the defendant for a directed verdict, we find that questions of fact were presented in the evidence upon which reasonable minds could reasonably reach different conclusions. Therefore, the motion of the defendants for a directed verdict on the first cause of action should have been overruled and the defendants required to proceed with their defense. *
For the foregoing reasons, the judgment is affirmed as to the rulings on the second and third causes of action and reversed as to the first cause of action as being contrary to law and the cause remanded to the Court of Common Pleas for further proceedings according to law.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.