Pollack v. Staten Island Rapid Transit Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Staten Island Rapid Transit Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 15th day of November, 1918, upon the verdict of a jury for $3,050, and also from an order entered in said clerk’s office on the 12th day of November, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Per curiam
The learned trial judge charged the jury as follows: “ Malice may be inferred from the want of probable cause, but such *833an inference is one which you are not required to make, at all events, merely because you may find the absence of probable cause. In an action for malicious prosecution the defendant must prove affirmatively the existence of probable cause. An honest belief in the guilt of the plaintiffs does not constitute probable cause" for a prosecution, unless it is founded upon grounds which would satisfy an ordinarily prudent and cautious man.”
The defendant is not obliged to prove…
2Cases cited7 opinions
- Cleghorn v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Craven v. . BloomingdaleNew York Court of Appeals · 1902
- Muckle v. Rochester Railway Co.New York Supreme Court · 1894
- Rowe v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Kastner v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kurn v. RadencicSupreme Court of Oklahoma · 1943
- Macauley v. Theodore B. Starr, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
- Walker v. Lord & TaylorAppellate Division of the Supreme Court of the State of New York · 1932
- Decker v. Staten Island Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919