Redgate

The complaint charges that defendant “maliciously and without probable cause or any reason therefor, and against the will of the plaintiff and without warrant therefor, caused the plaintiff to be arrested and falsely imprisoned on or about the 4th day of March, 1907, in the city and county of San Francisco.” In a second count it is charged that “defendant procured on the 8th day of March, 1907, from the police court” in said city and county, in an action entitled: “The People of the State of California v. A. Redgate and Lloyd Newman, a warrant for the arrest of said plaintiff which said warrant was founded upon a complaint sworn to at the instance of said defendant,” charging “plaintiff with having feloniously stolen a certain case of shoes of the value of seventy-five dollars.”

The cause was tried by a jury and plaintiff had the verdict assessing his damages at five hundred dollars and judgment was accordingly entered for that amount. Defendant appeals from the judgment and from the order denying its motion for a new trial.

It appeared that a case of shoes had been stolen from the defendant’s freight sheds where plaintiff was employed by defendant as a “checker,” and Lloyd…