Welker v. New York Central Railroad
Supreme Court of Pennsylvania
Appeal, No. 138, Jan. T., 1922, by plaintiff, from judgment of C. P. Lycoming Co., Sept. T., 1920, No. 290, on verdict for defendant, in case of Charles L. Welker v. New York Central Railroad and Stephen R. Campbell. Trespass for malicious prosecution. Before Quigley, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict and judgment for defendants. Plaintiff appealed.
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Appeal, No. 138, Jan. T., 1922, by plaintiff, from judgment of C. P. Lycoming Co., Sept. T., 1920, No. 290, on verdict for defendant, in case of Charles L. Welker v. New York Central Railroad and Stephen R. Campbell. Trespass for malicious prosecution. Before Quigley, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict and judgment for defendants. Plaintiff appealed. Errors assigned were rulings and instruction, sufficiently appearing by the opinion of the Supreme Court, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Pbazeb,
Plaintiff sued to recover damages for malicious prosecution, the result of his arrest on a charge of larceny, by Campbell, one of defendants, a police officer in the employ of defendant railroad company. At the trial of the case the court gave binding instructions in favor of defendant, on the ground that plaintiff failed to prove want of probable cause for his arrest.
*84The failure on plaintiff’s part to prove want of probable cause was sufficient warrant in itself for the binding instructions here complained of; but, in addition, we find no substantial dispute as…
2Cases cited3 opinions
- Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1906
- Robitzek v. DaumSupreme Court of Pennsylvania · 1908
- Stratton v. JordanSuperior Court of Pennsylvania · 1921
3Cited by11 opinions
- Commonwealth v. JonesSupreme Court of Pennsylvania · 1983
- Commonwealth v. GarrisonSupreme Court of Pennsylvania · 1959
- Quinn v. StateCourt of Criminal Appeals of Oklahoma · 1933
- United States v. WinfreeDistrict Court, E.D. Pennsylvania · 1959
- Clark v. StateTennessee Supreme Court · 1929
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