Keeton v. Northern Alabama Ry. Co.

• Decision Date: 15 January 1931
• Docket Number: 6 Div. 631.
• Citation: 222 Ala. 224,132 So. 35
• Parties: KEETON v. NORTHERN ALABAMA RY. CO.
• Court: Alabama Supreme Court

132 So. 35

222 Ala. 224

KEETON v. NORTHERN ALABAMA RY. CO.

6 Div. 631.

Supreme Court of Alabama

January 15, 1931

Appeal from Circuit Court, Walker County; R. L. Blanton, Judge.

Action for malicious prosecution by Alonzo Keeton against the Northern Alabama Railway Company.From a judgment for defendant, plaintiff appeals.

Affirmed.

J. B Powell and J. J. Ray, both of Jasper, for appellant.

Bankhead & Bankhead, of Jasper, for appellee.

BROWN J.

The only question argued by appellant in the briefs filed on the submission is whether or not there was evidence tending to show that the defendant was responsible in fact for the prosecution of the plaintiff on a charge of murder, resulting in his arrest and confinement in the county jail of Jefferson county.

The evidence is without dispute that the prosecution was initiated by a sworn complaint made by Miles P. Coker, a state law enforcement officer working under the supervision of the Attorney General, before W. F. Kitchens, as judge of the city court of Jasper.That plaintiff was arrested by Coker and E. W. Tarwater, chief of police at Nauvoo, and a deputy sheriff of Walker county.The arrest was made in Walker county, and Coker procured an order for the removal of plaintiff as a prisoner to Jefferson county, where he was confined in the county jail until the case was investigated by the grand jury of Walker county, attended by an Assistant Attorney General of the State.A grand jury failed to return an indictment, and the plaintiff was discharged.There was no evidence showing, or tending to show, that any ground existed for plaintiff's arrest, or that Coker had probable cause for believing he was guilty of any offense.

This statement of the evidence-assuming that it tells the whole story-is sufficient to show that plaintiff has suffered a grievous wrong, yet this is not enough to justify mulcting the defendant, the Northern Alabama Railroad Company, in damages for this wrong.

There is no evidence showing, or tending to show, that Coker, in making the affidavit, was acting for the defendant or was incited thereto by it.The mere fact that Coker was present at the trial of the damage suit against the railroad company and that he accompanied witnesses to the office of Bankhead &amp Bankhead, lawyers, who one witness "supposed" represented the railroad company [we are not overlooking the statement of counsel in argument to the court, in the absence of the jury, that they, Bankhead & Bankhead, represented the defendant as trial lawyers, but this was not offered as evidence before the jury], does not tend to show that he was an agent of the defendant authorized...