Moore

This is an appeal from a judgment which was rendered against the plaintiff pursuant to a directed verdict in an action for malicious prosecution. The sole question is whether the record contains substantial evidence of probable cause justifying the defendant in instituting a civil suit for damages against plaintiff in which he was charged with arson.

The plaintiff is a brother-in-law of the defendant. Plaintiff resides with his family near Beegum Peak in a sparsely settled portion of Tehama County. Within two or three miles of this home the defendant owned a summer cottage valued at $3,000. He resided at Rosewood some distance away. He was engaged in the cattle business. Considerable enmity existed between the plaintiff and defendant. Frank Ball is a stockman and a neighbor who resides in the vicinity of Beegum Peak. He had known both the plaintiff and the defendant for twelve years, and was on friendly terms with them.

On the evening of July 5, 1929, Ball was riding along a trail near the Durrer ranch in search of cattle. He passed the Durrer cottage situated at Old Man’s Spring and observed that the house was standing intact. It was then unoccupied. He rode that way again at 9…