Cooper v. William R. Hart & Co.
Supreme Court of Pennsylvania
Appeal, No. 14, July T., 1891, by defendants, William R. Hart & Company, from judgment of C. P. No. 1, Phila. Co., June T., 1890, No, 189, on verdict for plaintiff, George P. Cooper. Trespass for malicious prosecution. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 14, July T., 1891, by defendants, William R. Hart & Company, from judgment of C. P. No. 1, Phila. Co., June T., 1890, No, 189, on verdict for plaintiff, George P. Cooper. Trespass for malicious prosecution. The facts appear by the opinion of the Supreme Court. Bregy, J., charged in part as follows: “ [Por the purposes of this case I charge you that if Mr. Cooper’s story is true — and it is the only story now before you —there was no probable cause on the part of the defendants to bring the action against him — that is, • to issue the warrant against him.] [1] .... “ If you come to…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
This was an action of trespass to recover damages for a' malicious prosecution instituted by the defendants against the plaintiff. To sustain such an action it is necessary that two elements shall be established, without which the action fails. It must be shown that there was want of probable cause, and also that the defendants were actuated by malice. Both of these ingredients are essential and without them there is no cause of action. There is no dispute as to what the law is upon this subject. In Smith v. Ege, 52 Pa. 419, we said: “Probable cause does not depend…
2Cases cited8 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Munns v. De NemoursU.S. Circuit Court for the District of Pennsylvania · 1811
- Smith v. EgeSupreme Court of Pennsylvania · 1866
- Bernar v. DunlapSupreme Court of Pennsylvania · 1880
- Emerson v. CochranSupreme Court of Pennsylvania · 1886
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