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ELMER v. CHICAGO & N. W. R. CO.

257 Wis. 228 (1950)

ELMER, Appellant, vs. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Respondent.

Supreme Court of Wisconsin.

June 6, 1950.

Attorney(s) appearing for the Case

Cleland P. Fisher of Janesville, for the appellant.

For the respondent there was a brief by Edward H. Borgelt, Richard S. Gibbs, and James R. Walker, all of Milwaukee, and oral argument by Mr. Gibbs.

MARTIN, J.

The six essential elements in an action for malicious prosecution are:

1. There must have been a prior institution or continuation of some regular judicial proceedings against the plaintiff in this action for malicious prosecution.

2. Such former proceedings must have been by, or at the instance of, the defendant in this action for malicious prosecution.

3. The former proceedings must have terminated in favor of the defendant therein...

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