Ganea v. Southern Pacific Railroad
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. Action to recover damages for an alleged malicious prosecution by the defendant, in causing the arrest of the plaintiff on a charge of perjury, claimed to have been committed in the case of Perry v. The Central Pacific Railroad Company (reported in 50 Cal. 578), in which case the plaintiff was a witness for Mrs. Perry.
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Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. Action to recover damages for an alleged malicious prosecution by the defendant, in causing the arrest of the plaintiff on a charge of perjury, claimed to have been committed in the case of Perry v. The Central Pacific Railroad Company (reported in 50 Cal. 578), in which case the plaintiff was a witness for Mrs. Perry. The complaint was made, and the plaintiff was arrested-on the 14th day of July, 1873, and on the next day the magistrate held the defendant to bail. The grand jury examined the charge on the…
1Opinion of the Court
By the Court:
It is well settled that,in order to maintain an action of this character want of probable cause must be affirmatively established by the plaintiff.
It is conceded that when the plaintiff proved that he had been held to answer by the examining magistrate, he, so far forth, establishes, prima facie, the existence of probable cause for the prosecution of which he now complains.
We have been unable to discover any fact or circumstance in evidence which could be fairly said to overcome, in this respect, the effect of the order made by the examining magistrate, holding the plaintiff here…
2Cited by13 opinions
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- Holliday v. HollidayCalifornia Supreme Court · 1898
- Johnson v. Southern Pacific Co.California Supreme Court · 1910
- Ross v. HixonSupreme Court of Kansas · 1891
- Stamper v. RaymondOregon Supreme Court · 1900
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