Cowen v. Kuich

Boyer, J.,

This was an action of trespass brought by plaintiff to recover damages from defendant for alleged malicious prosecution, in that the defend- ■ ant had plaintiff arrested upon a charge of larceny, from which prosecution he was discharged after hearing by the *531justice of the peace. At the close of plaintiff’s case the court, on motion of defendant’s counsel, entered a compulsory nonsuit on the ground that plaintiff had failed to prove want of probable cause. This is a motion to take off said nonsuit.

Briefly, the facts upon which the prosecution was brought are as follows: Defendant had…