Miller v. Pennsylvania Railroad

*318Dissenting Opinion by

Me. Justice Horace Stern:

I dissent from what I consider an unjustified reversal of the judgment of the court below.

The chief problem in the law governing malicious prosecution actions is to maintain the delicate balance between the interest of society in the enforcement of the criminal law and the protection of the individual against unjustified criminal charges involving pecuniary loss and impairment of reputation.

In the present case plaintiff recovered a verdict, and defendant has appealed from the refusal of the trial court to enter judgment in its favor n.o.v. or to…