Ruffner v. Hooks
Superior Court of Pennsylvania
Appeal, No. 24, April T., 1896, by defendant, from judgment of C. P. Armstrong Co., March T., 1892, No. 344, on verdict for plaintiff. Trespass for malicious prosecution.
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Appeal, No. 24, April T., 1896, by defendant, from judgment of C. P. Armstrong Co., March T., 1892, No. 344, on verdict for plaintiff. Trespass for malicious prosecution. Before Rayburn, P. J. Verdict for plaintiff for $200. The following facts are stated from the opinion of the Superior Court: On Sunday, September 26,1866, a young man named Shields A. Rosensteel, about seventeen years of age, went upon the premises of Christopher Ruffner, father of the plaintiff, and was taking chestnuts from a tree near the Ruffner dwelling, whereupon the plaintiff, then a lad of twelve or thirteen years,…
1Opinion of the Court
Opinion by
Smith, J.,
This action of trespass was brought to recover damages from the defendant on the ground that he instigated a malicious prosecution against the plaintiff. In order to maintain the action it must appear that the prosecution was instituted without probable cause and that the defendant was actuated by malice. These are essential and must coexist. Probable cause is defined to be: “Areasonable ground of suspicion, supported by circumstances sufficient to warrant an ordinarily prudent man in believing the party is guilty of the offense.” Sterbett, C. J., in McClafferty v. Philp,…
2Cases cited12 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- McClafferty v. PhilpSupreme Court of Pennsylvania · 1892
- Cooper v. William R. Hart & Co.Supreme Court of Pennsylvania · 1892
- Bernar v. DunlapSupreme Court of Pennsylvania · 1880
- Emerson v. CochranSupreme Court of Pennsylvania · 1886
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3Cited by13 opinions
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- Delany v. LindsaySuperior Court of Pennsylvania · 1911
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