Davenport v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson Eiver Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 16th day of May, 1911, upon the verdict of a jury for $400, and also from an order entered in said clerk’s office on the 20th day of May, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Foote, J.:
The plaintiff has recovered a verdict of $400 for malicious prosecution. He was arrested on process issued by a justice of the peace upon the complaint of one Hatfield, who was employed. by defendant as a detective officer at its freight yards in the towns of De Witt and Manlius, near the city of Syracuse.
It is urged by defendant in support of this appeal that on the undisputed evidence defendant’s agent, Hatfield, as matter of law, had probable cause for instituting the criminal prose*433cution against plaintiff. We think defendant is correct in this contention.
Hatfield had been…
2Cases cited2 opinions
- Anderson v. . HowNew York Court of Appeals · 1889
- Kutner v. FargoAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by6 opinions
- Jestic v. Long Island Savings BankAppellate Division of the Supreme Court of the State of New York · 1981
- Watson v. City of New YorkCivil Court of the City of New York · 1968
- Day v. LevineAppellate Division of the Supreme Court of the State of New York · 1917
- Langley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1972
- Hyman v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1924
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