115 Ky. 84 | Ky. Ct. App. | 1903
Opinion oe the court by
Reversing.
Appellee, Johnson, was for some time an agent of the appellant, the Provident Savings Life Assurance Society. He left its service, and entered the service of the Union Central Life Insurance Company, and after this published in the county paper the following:
“A few months of work for the Provident Savings convinced me that I was misled, just as hundreds of policy holders of that company have been; that is, hy false representation of general agents and managers of the company.*86 An honest m'an, when he finds Ms error, tries to atone for it. I >am doing that now by selling my friends insurance in -the Union Central Life Insurance Company, that is acknowledged by all insurance men to be .absolutely reliable.”
Also the following: “None of 'the policies' sold by the Provident Savings’ agents as straight life, whether old or not, are of any value as collateral or in cash. Such contracts have no reserve behind them, and on that account are worthless, unless the insured dies while they .are in force.”
Also the following: “Also I further state that' the work of that company’s agents during the last five years in Western Kentucky has been characterized by twisting policies of other companies, and selling their own policies under misrepresentations; also by rebating, and other unfair and rotten methods.”'
Appellant, -after laying the facts before counsel, iand being advised that a prosecution for criminal libel might be maintained, went, by its agents, before the grand jury, and had appellee indicted for libel. The indictment set out the matter abové quoted. The defendant entered a demurrer to the indictment, and on the hearing of this demurrer the Oommonwealth’s attorney elected to prosecute for the first paragraph of the libelous matter quoted. The case was then Med on this charge. The defendant was acquitted. He afterwards filed this suit to recover of appellant damages on .account of the prosecution, charging that it was malicious, and without probable cause. The jury returned a verdict in his favor for $1,250.
The proof shows that appellee, after he was indicted, had his father to go on his bond when arrested on the indictment, and was in custody but a short time while going with the sheriff to his father’s for the purpose of signing the bond. No special damage is shown, except the cost of defending
The policies issued by appellant are for one year, and may
The court also erred in failing to define to the jury “probable cause.” The rule is that what facts constitute probable cause is a question of law for the court, and whether the facts exist or not is to be determined by the jury. The court did not define to the jury the offense of criminal libel,
Judgment reversed, and cause remanded for a new trial.