Gow v. Adams Express Co.
Superior Court of Pennsylvania
Appeal, No. 75, April T., 1915, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1912, No. 1367, for defendant n. o. v. in case of George A. Gow v. Adams Express Company. Trespass for malicious prosecution.
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Appeal, No. 75, April T., 1915, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1912, No. 1367, for defendant n. o. v. in case of George A. Gow v. Adams Express Company. Trespass for malicious prosecution. At the trial the jury returned a verdict for the plaintiff for $1,000. On a motion for a new trial and for judgment n. o. v. Haymaker, J., filed the following opinion: This was an action of trespass to .recover damages for an alleged malicious prosecution, in which plaintiff obtained a verdict of one thousand dollars. On February 21, 1912, H. L. Kirk, an agent of the defendant…
1Opinion of the Court
Opinion by
Orlady, J.,
In entering judgment for the defendant non obstante veredicto, the trial judge decided that he should have held as a matter of law, that the facts that were either admitted or established by uncontradicted evidence constituted reasonable and probable cause, and therefore, that binding instructions to find for the defendant should have been given to the jury.
In an action for malicious prosecution, if the facts connected with the prosecution are admitted, or are so clearly established as not to be open to dispute, the question of probable cause is for the court: McCoy v.…
2Cases cited3 opinions
- McCoy v. KalbachSupreme Court of Pennsylvania · 1913
- Commonwealth v. StoreySuperior Court of Pennsylvania · 1912
- Kuhns v. Ward-Mackey Co.Superior Court of Pennsylvania · 1913
3Cited by7 opinions
- Altman v. Standard Refrig. Co., Inc.Supreme Court of Pennsylvania · 1934
- Wolf v. SternSuperior Court of Pennsylvania · 1919
- Trautman v. WillockSuperior Court of Pennsylvania · 1926
- Herron v. Universal Auto Loan Co., Pennsylvania Court of Common Pleas, Philadelphia County1944
- Miller v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1952
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