Miller v. Pennsylvania Railroad

Concurring Opinion by

Mr. Justice Bell,

Mr. Justice Stearne has so ably and I believe convincingly stated and applied the rule of law in malicious prosecution cases that it would be superfluous to add anything thereto were it not for the basic error in the minority opinion which, unless more specifically pointed out, may lead to future misunderstandings in this class of case. The difference between the majority and minority on the vital issue of probable cause seems to be that the majority believe that all cases involving unconflicting and unimpeached oral testimony, whether offered by…