False Imprisonment—Arrest by Railroad Police Officer—Relation of Officer to Railroad Company.—The liability of a railroad company for the acts of a police officer appointed by the governor on its application .under the act of 1901 (Stats. 1901, p. 66), does not depend upon the relation of master and servant, or principal and agent, although he serves at the expense of the company.

Id.—Arrest by Railroad Police Officer—Liability of Railroad Company.—The railroad company incurs no liability for the arrest and detention, by such officer, without a warrant, of a person suspected of larceny, unless it is for “an abuse of authority”; and in this action against the railroad company to recover for false imprisonment, it appears that the officer did not abuse his authority but was entirely justified in making the arrest.

Id.—Malicious Prosecution—Malice and Want of Probable Cause— Necessity of Establishing.—In actions for malicious prosecution the plaintiff must, in order to recover, establish not only malice, but want of probable cause. These two elements are essential, and they must concur or the action will not lie.

Id.—Probable Cause—What Constitutes.—Reasonable or probable cause is a suspicion founded upon circumstances sufficiently strong to warrant a reasonable man in the belief that the charge is true.

Id.—Malice and Probable Cause—Whether One may be Inferred from; Other.—Malice may be inferred from want of probable cause, but want of probable cause cannot be inferred from malice.

Id.—Probable Cause—-Whether Question of Law or of Pact.— Probable cause is a mixed question of law and fact, and where the circumstances clearly appear by uneontradieted testimony, it is the province of the court to determine the question of probable cause.

Id.—Malice—Necessity of Proving as Pact.—There is no legal presumption of malice, and although malice may be inferred from want of probable cause or other circumstances, as an inference of fact, still, whether by inference or otherwise, it must be proved as a fact.

Id.—What Constitutes Malice—Evil or Sinister Purpose.—To constitute malice, as the term is used in the law of malicious prosecution, there must be an evil or sinister purpose actuating the person who institutes the proceeding.

Id.—Evidence—Sueeioiency to Show Malice ok Want oe Probable Cause.—In this action against a railroad company to recover damages for the arrest and prosecution of the plaintiff for larceny, the arrest having been made by a railroad police officer and the prosecution having been assisted by the company’s agent, an attorney, the evidence is mot sufficient to sustain either an inference of malice or of want of probable cause.

Id.—Arrest—What Necessary to Jijstiey.—It is not necessary to justify an arrest that the complainant be possessed of proofs of guilt beyond a reasonable doubt. All that the law requires is that the complainant have reasonable cause to believe that the crime has been committed and that he is not actuated by malice.