Wisniski v. Ong

Five years ago this Court considered this same case. We then held that, if the plaintiff’s evidence was believed, she had a cause of action for malicious prosecution, Wisniski v. Ong, 84 Ariz. 372, 329 P.2d 1097 (1958). As to some of the elements of her cause of action, that holding meant only that her evidence was sufficient to go to a jury. The element of want of probable cause, however, is a question of law, Sarwark Motor Sales, Inc. v. Woolridge, 88 Ariz. 173, 354 P.2d 34 (1960), and our holding necessarily meant that the evidence viewed most favorably to the plaintiff established want of…