Shaffer

This action for malicious prosecution is founded upon the allegation in the complaint that defendant maliciously and without probable cause had the plaintiff, Mrs. Shaffer, arrested and prosecuted for the embezzlement of $2.50. Following her acquittal of the embezzlement charge, Mrs. Shaffer and her husband brought this action against defendant to recover damages for the alleged malicious prosecution. The jury gave plaintiffs a verdict for $10,000. Defendant moved for a new trial on the ground, among others, of excessive damages, appearing to have been given under the influence of passion and prejudice. The trial court ordered that unless plaintiffs remitted the sum of $4,000 within ten days, the motion would be granted. Plaintiffs filed the required remission and thereupon the motion for a new trial was denied. Defendant appeals from the judgment, and urges, as one of his grounds for a reversal, that the sum of $6,000, remaining after the remission of said $4,000, is excessive and so disproportionate to any damage sustained by plaintiffs as to make it manifest that a verdict for even that amount could have been induced only by prejudice and passion.

The charge of embezzlement…