Canadian Pac. Ry. Co. v. Black
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Western District of New York. Action by David J. Black against the Canadian Pacific Railway Company. Judgment on a verdict for plaintiff, which the trial court refused, on motion, to set aside (218 Fed. 239), and defendant brings errof. This cause comes here upon writ of.error to review a judgment of the District Court, Western District of New York, in favor of defendant in error, who was plaintiff below.
Read the full summary
In Error to the District Court of the United States for the Western District of New York. Action by David J. Black against the Canadian Pacific Railway Company. Judgment on a verdict for plaintiff, which the trial court refused, on motion, to set aside (218 Fed. 239), and defendant brings errof. This cause comes here upon writ of.error to review a judgment of the District Court, Western District of New York, in favor of defendant in error, who was plaintiff below. The action was brought to recover damages for false arrest and malicious prosecution. Plaintiff was a station agent.in' the employ…
1Opinion of the Court
LACOMBE, Circuit Judge.
1'he trial judge instructed the jury that actual malice had not been shown and the sole issues submitted to the jury were: Did plaintiff establish lack of probable cause? If so, does the jury find malice in law? What, if any, actual damages did plaintiff sustain?
We have rarely had before us a case where the testimony adduced to show probable cause was so flimsy and unpersuasive, or where the circumstances attending the prosecution of the unfortunate plaintiff were characterized by such gross breach of faith and such humiliating and unnecessary brutality.
Fortunately we…
2Cases cited4 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Turner v. American Security & Trust Co.Supreme Court of the United States · 1909
- Furst v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
- Black v. Canadian Pac. Ry.District Court, W.D. New York · 1914
3Cited by2 opinions
- Spitzer v. ClatterbuckSupreme Court of Virginia · 1961
- United States v. One AutomobileDistrict Court, D. Montana · 1916