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STOHR v. DONAHUE

No. 47,316

215 Kan. 528 (1974)

527 P.2d 983

LEON STOHR, Appellant, v. JAMES C. DONAHUE and DONAHUE MANUFACTURING CO., INC., Appellees.

Supreme Court of Kansas.

Opinion filed November 2, 1974.

Attorney(s) appearing for the Case

Keen K. Brantley, of Scott City, argued the cause, and James W. Wallace and John Shirley, also of Scott City, were with him on the brief for the appellant.

Lelyn J. Braun and J. Stephen Nyswonger, of Garden City, and David Wheeler, Edwin G. Westerhaus, and D.W. Wheeler, of Marion, were on the brief for the appellees.

The opinion of the court was delivered by

FOTH, C.:

This is a malicious prosecution action arising out of a criminal complaint against the plaintiff, Leon Stohr, signed by the individual defendant, James C. Donahue, acting on behalf of the corporate defendant Donahue Manufacturing Co., Inc. The jury returned a plaintiff's verdict for $2500 actual and $5500 punitive damages, and answered twelve special questions. On...

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