Q904
One Y suffered serious injuries in a railway accident. He was assisted by a surgeon, X, on the evidence of whose Y succeeded in recovering heavy damages against the Railway. Later on it was reported to the Railway that Y did not suffer so serious an injury as was made out by X who fraudulently created those symptoms. On legal advice obtained by the Railway, X was prosecuted but he was acquitted. He brought a suit against Railway for malicious prosecution.
A.
X would succeed
B.
X would not succeed as the railway had a reasonable and probable cause of action
AnswerC.
In fact the railways should not have prosecuted X
D.
X should succeed as he was falsely prosecuted
Answer: Option B
Solution
Answer: Option B
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