Gatz v. Harris
Court of Appeals of Kentucky
CASE 67 — ACTION BY ROBERT E. GATZ AGAINST C. H. HARRIS FOR MALICIOUS PROSECUTION. Appeal from Jefferson' Circuit Court (Common Pleas Branch, Second Division). Prom a directed verdict for defendant plaintiff appeals — POINTS AND AUTHORITIES. 1. “Advice of Counsel” constitutes a defense to actions to recover damages for malicious prosecution only when the advice is honestly sought and in good faith acted upon, and where reasonable diligence is exercised by the party seeking…
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CASE 67 — ACTION BY ROBERT E. GATZ AGAINST C. H. HARRIS FOR MALICIOUS PROSECUTION. Appeal from Jefferson' Circuit Court (Common Pleas Branch, Second Division). Prom a directed verdict for defendant plaintiff appeals — POINTS AND AUTHORITIES. 1. “Advice of Counsel” constitutes a defense to actions to recover damages for malicious prosecution only when the advice is honestly sought and in good faith acted upon, and where reasonable diligence is exercised by the party seeking the advice to obtain all the facts and ascertain the truth. 2. Whether or not the advice is honestly sought and in good…
1Opinion of the Court
Opinion of the court by
Judge Hobson
— Reversing.
Dr. Robert E. Gatz, a physician of Louisville, brought this suit against Dr. C. H. Harris, who is also a physician practicing there, to recover damages for malicious prosecution. At the conclusion of the evidence on both sides the court instructed the jury peremptorily to find for the defendant, and, the plaintiff’s petition having been dismissed, he appeals.
As the case went off on a peremptory instruction, tlie plaintiff, for the purpose of testing the correctnes of that instruction, is entitled to have the testimony for him taken as true,…
2Cases cited1 opinion
- Ahrens & Ott Manufacturing Co. v. HoeherCourt of Appeals of Kentucky · 1899
3Cited by10 opinions
- Weddington v. WhiteCourt of Appeals of Kentucky · 1912
- Moser v. FableCourt of Appeals of Kentucky · 1915
- Callahan Construction Co. v. WilliamsCourt of Appeals of Kentucky · 1914
- Hendrie v. PerkinsCourt of Appeals of Kentucky (pre-1976) · 1931
- Smith v. FieldsCourt of Appeals of Kentucky · 1910
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