Taylor v. Socony Mobil Oil Co.

STONE, J.

Plaintiff appeals from a judgment that followed an order granting motion for nonsuit in an action for malicious prosecution.

George Allen, while employed as a service station operator for defendant Socony Mobil Oil Company, was the victim of

[833]

an armed robbery. He was alone at the time. In accordance with instructions from his employer, Allen immediately telephoned the police and then his superior. He did not know the robber and there was no clue to the man’s identity. Later Allen chanced to see plaintiff on the street and recognized him as the armed robber. He so informed his employer and the police, and plaintiff was arrested. Allen made a positive identification in the police lineup and again at the preliminary hearing, resulting in plaintiff’s being held to answer.

Thereafter the complaint was dismissed at the request of the district attorney’s office because of insufficiency of the evidence, and plaintiff was released from custody.

Plaintiff then instituted this action for malicious prosecution against Allen, the service station employee, and Socony Mobil Oil Company, Ms employer. As defendant Allen failed to answer, his default was entered; however, defendant Socony Mobil Oil Company answered, denying all material allegations of the complaint. The action went to trial as against Socony Mobil and, at the conclusion of plaintiff’s case, Socony Mobil’s motion for a nonsuit was granted.

We have reviewed the record, keeping in mind that conflicts in the evidence must be disregarded, that plaintiff’s evidence must be given all of the value to which it is legally entitled, that every legitimate inference which may be drawn from the evidence must be indulged in favor of plaintiff, and that to support the judgment of nonsuit this court must conclude there is no evidence of sufficient substantiality to support a verdict in favor of the plaintiff if such a verdict were given.

(Kopfinger

v.

Grand Central Public Market,

60 Cal.2d 852, 855 [37 Cal.Rptr. 65, 389 P.2d 529];